Study On Compensation Liability Of Delivery Service Contract

Damage compensation liability of delivery service contract is a subsequent safeguard measure for delivery services to have sustainable development. This study of damage compensation liability is focused on the following aspects.Firstly, shift issue of delivery risk. Risks of package during transportation can be divided into price risk and corpore risk refers to damage or loss risk of package during transportation. The discussion of corpore risk can be based on cases, namely paid transportation and unpaid transportation. For paid transportation, the transportation obligation is collateral of delivery service contract. The damage or loss risk of delivery should be undertaken by consigner. While for unpaid transportation, consignee who is simply the beneficiary should undertake the damage or loss risk so that the interest relationship can be balanced. Price risk refers to freight risk. According to article 314 of Contract Law, freight risk should be undertaken by carrier.Secondly, property issue of damage compensation liability of delivery. According to article 107 of Contract Law, delivery service contract is that consigner entrusts delivery company to transport package; delivery company provides delivery waybill; consigner signs delivery waybill in the name of owner or agent of package. When consigner violates delivery service contract deliberately or delinquently, he、she must undertake damage compensation liability.Thirdly, scope issue of damage compensation liability of delivery service contract. When package is damaged or lost, full compensation is not required for all cases. Therefore, limited compensation liability, exemption clause, base price system, insurance system, etc. should be taken into consideration.Fourthly, amount issue of damage compensation liability of delivery service contract. When considering the amount of damage compensation, exemptions, base price clause, expectation interest, etc. should be given enough thought to.