Who is liable for damages due to delivery delays?

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The issue presented was whether freight forwarders (or their duly appointed agents) should be held liable for the damages caused by delay in delivery of the goods.

The facts

The claimant and the respondent concluded a contract in which the respondent had full freight forwarding authority on behalf of the claimant, including space booking for import and export cargoes, customs declaration, shipment, etc. In May 2011, the respondent did a deal in which the subject matter was to be shipped from port A to port B, as agreed upon in the contract with the respondent.

DD3

The claimant alleged that the goods were delivered 10 days later than the planned delivery date, and that this was the respondent’s fault. Thus, the claimant was entitled to claim damages caused by the delay.

The respondent said that the parties had never expressly fixed a delivery date, nor had the respondent ever promised the claimant one. So the respondent believed it had already fulfilled its obligation under the contract.

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The author, Cai Lingli, is a case manager at China Maritime Arbitration Commission.

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