The legal principles governing freight claims


New member
The responsibility for handling freight claims today can be almost anywhere in a company - transportation, manufacturing, accounting, purchasing, or in small businesses, the president’s office. Regardless of where the function is located, the need for a knowledge of the applicable legal principles is of prime importance.

Most disputes over freight claims arise because of a failure to understand or to apply the fundamental legal principles governing claims. A thorough understanding of the six legal sources of carrier liability is necessary to properly prosecute or defend freight claims.

1) Freight claims are based on a CONTRACT OF CARRIAGE to transport goods safely and timely. Claims are based on a breach of that contract.
2) Common carrier liability is governed by the COMMON LAW, or “case law.”
3) In some instances, the common law has been codified in FEDERAL or STATE STATUTES.
4) LIABILITY RULES governing claims are published in carriers’ TARIFFS (or SERVICE GUIDES or TERMS AND CONDITIONS), which are legally binding as a part of the contract of carriage, whether or not the shipper has actual notice of the rules, and even though they are no longer required to be filed with a government regulatory agency.
5) GOVERNMENT REGULATIONS governing liability and claims practices have been promulgated covering some circumstances.
6) INTERNATIONAL TREATIES govern international movements.

More information in subsequent posts.
Thread starter Similar threads Forum Replies Date
R Regulatory - Legal 3