Loss of goods due to misloading in multimodal transport - Newsletters

FactsDecisionComment

Facts

The claimant was a transport insurer of cargo interests and the respondent a freight forwarding company instructed by the damaged party to deliver goods (packed in eight wooden boxes) at a fixed price by land and sea transport to Shanghai. The respondent picked up the boxes and delivered them overland to a container packing company in Bremen, Germany, where the boxes were supposed to be loaded onto a container vessel. Due to a change in the port of departure, the boxes had to be transferred to the Port of Hamburg. By the time that the boxes should have been loaded into the groupage freight container in Hamburg, two of the eight boxes were missing.

One month after the six remaining boxes had been shipped to Shanghai, the two missing boxes were found in Guatemala, where they had been shipped due to false loading. A further two months later, the two missing boxes were returned to the damaged party. To comply with the contractually agreed delivery time, the damaged party had to replace the missing goods with newly produced and separately shipped substitutes.

Decision

The district court dismissed the case. The court of appeal assumed that the claimant was entitled to claim for compensation to the amount of two special drawing rights per kilogram of misguided freight arising from a passed-on right of the damaged party, because the two missing boxes had to be regarded as lost due to their unknown whereabouts over a long period.

The claimant's appeal against the ....

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