A Case Analysis On The Application Of Valuation Clauses In Transportation Contracts

Terms of insured stipulated in transport contract is the standard form term to limit the carrier's compensation liability,which is very common in our daily life(such as airplane baggage transport, express service etc).such terms' application often lead to disputes in judicial practice, despite it is confirmed by many laws. This paper cites a typical case involving two business legal persons. Through analyzing the dispute arising from loss of goods during transportation, the writer considers the effectiveness of application of such terms and how the court rules such case.As the one kind of standard form term, since terms of insured can increases efficiencies of contract conclusion,plays significant role in practical transport and enriches the content of contract law, it's reason to exist and necessity are justified. But its existence also poses restraints to freedom of contract and impacts traditional contract law. As abovementioned, we should strictly check the effectiveness of such terms on the basis of reason and science so as to strike the balance of interest in such terms.This paper has four chapters. The first chapter cites two typical cases to introduce dispute arising from terms of insured in transport contract with aim to outline the key problem in this case. The second one briefly introduces basic theory of such terms, particularly elaborating on concepts involved in this case. In the third part, combined with jurisprudence analysis stated in previous chapter, the writer analyzes on the deeper level. During the final chapter, the writer focuses on discussing relevant disputes in logistics transport and the measures against it, and analyzes defects existed in current laws and regulations in this field in an attempt to provide countermeasures to improve it. During this part, suggestions on how to improve legislation as well as issues which deserve our attentions are presented.Such terms of insured not only increases the efficiency, saves the transaction cost and improve company's management, but also bring strong impact on traditional freedom of contract. In today's flouring development in China's logistics, if we fail to recognize it's value and improve relevant legislation, it will jeopardizes our society's justice, fairness, honesty and peace, which ultimately will makes an obstacle to build an harmonious society.