FORWARDERLAW E-NEWS September 29, 2005

Our Apology

During four days in September the Forwarderlaw site was unavailable for subscriber use.  For the next day some of the facilities on the site were not functioning as they should.  The problem was that our host, Oceanwide, was hit by a power failure, and their backup server had to be devoted to keeping their core operations running.  In that the Oceanwide tech staff were successful, but Forwarderlaw had to wait until all was operating smoothly before staff could turn their attention to restoring our site.

We sincerely regret those delays, and thank subscribers for their patience. 

UNCITRAL Draft Convention Revisited

The progress towards a new international convention is slow, but it is steady.  Not to say that there is not a lot more for the UNCITRAL Working Group on Transport Law to accomplish in the next few years.  If within that time the text cannot be finalized, and support generated for a Diplomatic Conference to ratify the text, the project is probably best put aside until there is a clear need for new laws. 

In the period of discussion there has been some interesting developments from within the forwarding industry.  Read

UNCITRAL Convention–Extracts from a recent Position Paper of the Canadian International Freight Forwarders Association (CIFFA)

Limitation Of Liability

Forwarderlaw has reported on court decisions dealing with limitation of liability on many previous occasions.  The latest commentary comes from Steve Block, of the Best, Patterson & Mines law firm in Seattle.  He reports on a decision of an American court that could have a very large impact on the amount of damages recoverable by the insurers of a cargo of pharmaceuticals that were not maintained at the correct carrying temperature.

Read

An incorporated bill of lading limits a carrier’s liability, but to how much?

Liability Of Forwarders Where Employees Steal Goods Entrusted To Them

"Theft – it hurts us all".  So runs the sign in a large Toronto department store.  But it is still a reality of forwarding practice.  Cargos of considerable value are entrusted to drivers and helpers who can be opportunistic and steal cargo for whatever money they can get from criminal elements. Forwarders need to consider how their standard trading conditions can protect them from the financial consequences and liabilities of dishonest employees.

William Fullard, the Forwarderlaw South African National Editor, reports on an interesting case that exonerated a forwarder from liability when employees stole goods from their van during transport to the consignee. 

Read

When Staff Steal – A Forwarder’s Perspective

Contracting in the Electronic Age

More and forwarders relying upon electronic messaging to solicit and handle business.  And what happens to the tried and true method of printing trading conditions on the back of paper documents when there are no more paper documents? 

There will be some surprises as to what contractual terms are enforceable and what are not. Read

The New World of Electronic Contracting

General

If you would like to be removed from the mailing list hit your reply button and type in "unsubscribe" in the message. Please send this edition of Forwarderlaw E-news to a friend who would benefit from an introduction to this resource.

If you wish to send the General Editor an Article, please “telegraph” your intentions by a previous email, so that your article does not get deleted like the numerous virus-carrying email

Peter Jones
General Editor, Forwarderlaw
416-643-3323
1 Queen St. E. Suite 2100
Toronto, Canada M5C 2W5