The Evaluation Of The Contract Guarantee For Express Delivery

Express in the delivery of damage,loss and so on,the valuation clause should be how to determine,still inconclusive.In the two selected cases,the Court's judgements varied.The reason is that the court in the express contract of the valuation clause should be found in dispute.In the case of Hou XX v.Quanfeng Express Company,the Court of both parties found that the Express Company's valuation clause for the clause of style,because it did not fulfill the obligation to prompt,should compensate the plaintiff's loss.In the case of Ming Lian Electronics Branch v.Sto Express Company,the Court of both tribunals held that although the valuation clause belonged to the clause of style,the plaintiff had not objected to the content for a long time,as it accepted,and could only provide compensation according to the clause.A comprehensive analysis of two cases,of which there are three controversial focuses.That is,non-insured express loss of compensation standards how to determine whether the express delivery should be based on the actual value of compensation,the nature and effect of the valuation clause how to determine.If the express company has sufficient evidence to prove that it has fulfilled the obligation of the prompt,it should be in accordance with the "contract law" to be claims.Non-insured express loss,if due to express company,it should be full compensation.If because of the sender,should be limit the compensation.If the express company fails to give a clear indication and explanation to the sender,the valuation clause should not be deemed effective.Due to the valuation clause is already printed on the express contract,the nature of its clause of style is already clear.Through the analysis of several disputes in two cases,we can know that the valuation clause is a clause of style,and the Express company should limit the liability of the Express company and identify it as an effective clause.