Research On Compensation Liability Of Logistics Contract

With the rapid development of e-commerce,the business of logistics services has flourished.For example,our daily lives are covered by logistics services.However,every coin has two sides.There is an increasing trend for logistics disputes.Nowadays,most of the two parties,including logistics company and consignor,conclude the contract in the form of transport contract.Apart from that,most professors insist on that logistics contract is equal to transport contract.As far as I can see,there is no relevant clause in the Contract Law of China showing that when the contractual obligations fulfilled by the carrier do not meet the requirements of the agreed contract,the consignee can request the carrier to compensate for the loss.In this case,as a consignee,the interests of the consumer in the logistics contract are vulnerable.In order to protect the rights and interests of consumers and to solve the disputes in the logistics contract,we must study the nature of the logistics contract,analyze the rights and obligations of the parties,make the compensation liability of the carrier clear and research on the nature and effectiveness of the insured terms and the limited compensation terms,as the contents of the logistics contract.The paper is constitutive of 40,000 words and divided into five parts,except for the introduction and the conclusion.The first part,general introduction of logistics contracts.I will discuss the basic problems of logistics contract to understand the concepts of logistics and logistics contract,classify logistics into different types and learn the process of transportation in logistics contract.Finally,I will explain the present legislation of the logistics contract,making sure that the disputes can be solved by the law.The logistics contract is a bilateral and paid contract,which is stipulated that the logistics company has an obligation to complete the logistic service for the consignor,including the transportation,storage,loading and unloading,etc.As a result,the consignor needs to pay the freight fee to the logistics company.The content of logistics contract is complex,which involves a number of typical contracts.In regard to the logistics contract,the main obligation of the logistics company is to transport the goods from the consignor to the consignee.In the paper,I will focus on the transport stage and regard other obligations of the logistics company as a part of the transport obligations.The second part,research on the independence of the logistics contract.In this paper,I will define the nature of the logistics contract through distinguishing it from other typical contracts,namely transportation contract,commission contract and work contract as a kind of hybrid contract.The third part,the structure of legal relationship of logistics contract.Through the definition and analysis of the concepts and legal status of consignors,logistics companies and consignees,the paper will introduce the legal relationship between the three parties as well as their rights and obligations,so as to determine the subject of compensation for damages.In addition,I will research on the problem of category of logistics contract.When the consignor pays for freight,the logistics contract fulfills the requirements of the third party beneficiary contract.As identified as the third party beneficiary contract,the logistics contract empowers the consignee to request for the damage compensation against the logistics company in the case of damages or loss of goods,in order to protect the interests of the consignee.When the consignee pays for freight,the consignor and the consignee form an agent relationship,the consignee enjoys the right to claim damages against the logistics company according to the contract.The fourth part,the damage liability of logistics contract.This part will explore the nature,scope and exemption of liability and will analyze the right of claim of the consignee for damages.This part will be divided into two parts,separately discussing the consignee's right of claim for damages if the consignor pays for the freight and if the consignee pays for the freight.As a result,the theory of direct agent and the indirect agent will apply to the problem.Regarding to the latter,as an agent,the consignee will enjoy the direct rights of payment claims and damages claims according to the legal consequences of the agent,which is more conducive to protecting the interests of the consignee.The fifth part,the effect of the special clauses on the liability of the logistics company.The insured terms and the limited compensation terms constitute the special clauses of the logistics contract.Based on the discussion of the nature,the rationality,the effectiveness and the compensation standard of these terms,the paper will analyze the insured terms and thelimited compensation terms,such as whether or not the logistics company is responsible for the liability and if it should fully bear the liability.