Research On Legal Issues In Delay Of Taking Delivery At The Port Of Destination

This article addresses the relevant legal issues regarding delay of taking delivery at the port of destination by focusing on the rights and obligations of the carrier, the shipper and the consignee under such situation.Chapter 1 Carrier's Obligation of deliveryDelivery of goods is the major delivery obligation of the carrier and the actual carrier generally is not obliged to deliver the goods. The carrier's fulfillment of contract of carriage of goods by sea results in delivery of the goods after ocean transportation. Such delivery is characterized with actual delivery, passivity and combination of debt collected by the creditor and fulfilled by the debtor. Telex release and delivery to local port authorities are two special delivery manners. Appropriate request for delivery shall satisfy two elements, i.e., appropriate time and appropriate place.Chapter 2 Delay of taking delivery at the port of destinationTo take delivery is the right of the creditor but the consignee is not entitled to refuse to accept damaged goods. The delay of taking delivery at the port of destination includes three situations, namely, consignee's delay in taking delivery, consignee's refusal to take delivery and nobody taking delivery. The carrier is obliged to give arrival notice and upon receipt of the notice the consignee shall take delivery within reasonable period or the maximum allowable period for taking delivery, or delay in taking delivery or nobody taking delivery shall constitute. The foreign related disputes arising from delay of taking delivery at the port of destination may be applied to the law of the country where the destination port is but the law of the country of the place where the delivery acts occurred shall not be determined to apply according to the rule of place governing acts.Chapter 3 Liable entity for delay of taking delivery at the port of destinationTaking delivery of goods is the consignee's right, but obligation is concomitant with such right. The shipper designated the consignee and thus shall bear the implied warranty obligation to the real existence of the consignee and to the ability of the consignee to take delivery of goods at the port of destination. Also, the shipper's contractual relationship with the carrier shall not absolutely terminate after transfer of transportation bills. So, the consignee and the shipper are the liable entities for delay of taking delivery.Chapter 4 Civil liabilities for delay of taking delivery at the port of destinationThe consignee's delay of taking delivery shall be deemed as breach of contract and the shipper shall also bear the liability therefor, both of whom shall bear non-essential joint and several liability to the carrier and whose liability is mainly restricted with the rule of loss mitigation. The carrier is entitled to recover from the consignee or the shipper the freight collected. This chapter in the final part furthers the systematical discussion on the legal issues concerning the overuse of containers caused by delay of taking delivery at the port of destination.Chapter 5 Relief measures after delay of taking delivery at the port of destinationOnce taking delivery is delayed at the port of destination, the carrier may place the goods in warehouse, return the shipment, place the goods in escrow, auction the goods, detain the goods, seek for delivery order from the controlling party, the shipper and the documentary shipper and take any other relieves.