The Case Law Study Of Multi Modal Transport Issue

2678 words - 11 pages

IntroductionChopstix Corporation, a Hong Kong based company had made a contract with a UK based company-VMeen Business Corporation for supply of Eastern food products. The cargo was to be shipped in Taiwan and destination was Kent. Chopstix Corporation has engaged Hasslefree Transporters for transporting the above cargo from its premises to Kent. It was specified that the cargo be put in containers where the temperature did not exceed 17 degree C. Chopstix Corporation as the shipper contracted with Hasslefree Transporters for the transportation of the cargo, Hasslefree Transporters subcontracted it to two independent companies: firstly, the cargo was carried on road by EasyRider to Hong Kong port, and then was loaded on board the vessel Eastern Pride to Dover port. A House Bill of lading was issued covering the entire carriage.Having received the cargo, the consignee VMeen Business Corporation assessed that the cargo were not maintained at the proper temperature, and rejected as "unfit for human consumption" and returned. Because of the cargo damaged, so there was no commercial value. VMeen Business Corporation is contemplating legal action.Identify the CarriersIn this case, a House Bill of lading was issued covering the entire carriage. The shipper Chopstix Corporation engaged Hasslefree Transporters for the carriage of goods. So Hasslefree Transporters was performed as a freight forwarder. The legal responsibility of freight forwarders traditionally has two different role-agents and principal contractors. If she was an agent of shipper, under the document, the forwarder would act as agent for the cargo interests in arranging carriage. Under the contract description:"When acting as agent the Hasslefree Transporters does not make or purport to make any contract with the customer for the carriage, packing or handling of any goods nor for any other physical service in relation to them and acts solely on behalf of the customer in securing services by establishing contracts with the third parties ".so Hasslefree Transporters as an agent of the carrier to help bring the parties to a transport operation, which not assuming or undertaking any legal responsibility any part of the carriage. See Jones v. European & General Express Company, LTD. The judge concluded:"It must be clearly understood that a forwarding agent is not a carrier. He does not obtain possession of the goods and he does not undertake to deliver them. All he does is to act as agent and make the necessary arrangements, so far as is necessary, between the ship and the railway or anything else. His liability depends upon his failing to carry out the duties I have just described".Seen from Marston Excelsior Ltd. v. Arbuckle, Smith & Co.Ltd. "Lord Justice Phillimore observes that a forwarding agent is under no duty to supervise the actions of carriers whom he reasonably and properly expects to perform their normal obligations competently". Above the analysis, it is obvious that...

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