Responsibility Of Breach Of Delivery Service Contract

Within the rapid development of technology and economic, the express industry matures,the Courier service contract dispute increasingly prominent. Though the "postal law","express service national standards" and "contract law" have developed related regulations,there is no unified judgment standard to express service dispute in judicial practice, therewould be different interpretations to the one dispute. To solve various problems in disputesover express service, we must clarify the legal relationship, clear the dispute the rights andduties in the relationship between the parties, improve the relevant legal system and bettereach portion of regulate express service.Starting from the nature and effectiveness of express service contract, analyzing therelated questions of breach of contract, disserting the liability principle, constitutiverequirements, exemption, compensation rules and specific compensation standards of deliveryService default, trying to build a relatively complete system, clear the liability forcompensation. In addition to the introduction, the article consists of four parts:The first part, the nature and effectiveness of express service contract. Express servicecontract is signed between sender and express service organization, with commitment todeliver goods from sender to the recipient on time. From the existing law, the courier servicecontract is the sub-contract of goods transportation; From the theoretical point of view of civillaw, except in cases of the recipient being the sender, the courier service contract is the thirdperson of interest contract. Therefore, the relationship between the rights and obligations ofthe parties shall comply with the courier service contract and civil law theory relevant cargotransportation contracts and third party interests contracts.The second part, the constitute of breach of contract courier services. This part mainlystarts with the default liability imputation principle, to further explore the courier serviceliability for damages for breach of contract Elements. Finally, according to three types ofexemptions to the provisions of the "Contract Law" breach of contract of carriage, namely theintrinsic characteristics or reasonable wear and tear, force majeure, the fault of the sender orrecipient, discusses the corresponding courier service contract breach.The third part, courier service contracts limit the issue of compensation. Through theintroduction of insured transportation demostic and abroad, although insured transportationanalysis is the major feature of the contract of carriage, but currently Insured institutionapplication of courier services system in our country is not fair or reasonable. Courier waybill is courier service contracts, it is the contract format proposed by the courier serviceorganization, which includes terms of liabilityto limit the damage, to identify the relevantprovisions of standard terms according to the "Contract Law", and limit compensationprovisions to be invalid provisions.Last but not the least, Suggestions to perfect the courier service contract breach system.Breach of contract courier service includes performce continuity, remedy measures, liquidateddamages, compensation for damages, etc. According to the main controversy in the judicialpractice, the article will mainly discusses the compensation of loss by combining with thebreach of contract damages rule, try to put forward four methods of determining the amountof damages for breach of contract in the common behavior of express service contract, toprovide practical suggestions for the judicial practice.