Freight Claims in Plain English 4th Edition: “The Legal Principles Governing Freight Claims”

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Freight Claims in Plain English (4th Edition) is a valuable tool for all of those involved with transportation law and logistics.  Here is a synopsis of an article that introduces the key topics discussed in chapter one of this must-read book, “The Legal Principles Governing Freight Claims”: 

Because many individuals in many areas of business may encounter freight claims sometime in their careers, it is imperative that they know the legal principles that freight claims utilize.  In order to minimize disagreements surrounding freight claims, here are the “six legal sources of carrier liability” to be familiar with, directly from the article summarizing the first chapter:

  • “Freight claims are based on a CONTRACT OF CARRIAGE to transport goods safely and timely. Claims are based on a breach of that contract.

  • Common carrier liability is governed by the COMMON LAW, or “case law.”

  • In some instances, the common law has been codified in FEDERAL or STATE STATUTES.

  • 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.

  • GOVERNMENT REGULATIONS governing liability and claims practices have been promulgated covering some circumstances.

  • INTERNATIONAL TREATIES govern international movements.”

If you are going to be the go-to person for handling the freight claims your company or business is involved with, it is very important to educate yourself as much as possible on the above information.  Freight Claims in Plain English (Edited by Brent Wm. Primus, J.D.) is a great resource to expand upon existing knowledge you may have of freight claims and their occurrence in transportation law. Knowing the building principles of freight claims will not only speed up the claims process, but it will also help to correct claims issues before they become too complicated.

Visit this link to read the full article: https://www.transportlawtexts.com/fcpe1.php 

On the website, you can also purchase your own copy of the book.

All credit goes to the original source and author.