Book: Freight Loss and Damage Claims 3rd Edition Chapter 12 1. Before a carrier can invoke any exceptions to the law of liability, what must it prove?...

Book: Freight Loss and Damage Claims 3rd Edition

Chapter 12

1. Before a carrier can invoke any exceptions to the law of liability, what must it prove?

2. How, from a legal standpoint, is negligence defined? What is the presumption of the law of transportation concerning the burden of proof as to the question of negligence?

3. If a carrier proves that it was not negligent, does its status as virtual insurer change? If a shipment is delivered to the wrong place by a carrier, would the carrier be liable for any loss of or damage to the shipment? If a carrier receives orders from the shipper not to deliver a shipment to a consignee, and the in transitu stop order is issued in time for the carrier to act on it, would the carrier be liable for any loss or damage the shipper might incur due to failure to comply with the stop order? If a shipper issues an in transitu stop order, but the consignee demands delivery, what action should the carrier take?

4. Is negligence of the carrier a precondition to recovery of a claim? Explain.

5. Is it advisable to avoid accusations of negligence with a claim? Explain.