Research On Liability For Damages In Express Service Contract

In recent years,with the development of science and technology and people living standard rise,the express industry growing,has a great development space and potential,is inseparable from our daily life,but it is worth noting that the express delivery service in bring us convenient,fast and at the same time,about the Courier service of damages in contract disputes are also gradually increased,a series of problems stand out,For example,due to the damage and loss of express delivery,there are many express delivery companies and the service quality of each express delivery company is not the same.There is no unified criterion for the compensation of damages in the express service contract,which leads to the legal rights and interests of the right holder of damages can not be fully relieved.Although the contract part of the Civil Code of the People’s Republic of China,the Postal Law of the People’s Republic of China and other laws stipulate the issue of damages in express service contracts,academic opinions on the specific application are different.In practice,each express company has its own damages clauses in express service contracts.In particular,the insurance clauses in the contract greatly affect the rights and obligations of both senders and express companies.The validity of the insurance clauses and the determination of the amount of damages caused by them are worth thinking deeply.In this paper,through two typical case raises the author to illustrate the main problems,the first is the effectiveness of the Courier service the valuation clause in the contract,the second is the related problems of the amount of damages,for the validity of the valuation clause and the applicable law question has carried on the detailed,clarify of three point of view,namely,effective,invalid,case analysis,The author’s views on this issue are shown as follows: if the express company has fulfilled its obligation of prompt and explanation when signing the express waybill with the sender,and there is no subjective fault of the express company for the damage and loss of the express,then the insurance clause should be considered valid.Then this paper introduces the problem of the cognizance of the damage compensation,the valuation express into full specified amount insurance,excess valuation and valuation deficit,three kinds of valuation express the compensation amount is different,and for not valuation express,limitation of the indemnity clause is valid affects the amount of compensation,limitation of indemnity clause is valid,the amount of damages specified in the contract,If the limited compensation clause is invalid,it is necessary to apply the principle of foreseeability and the principle of fault offset to reasonably distribute the responsibilities of senders and express companies.