International Transactions
BERGMANN
Attorneys at Law
Legal Forum:
Gateway Finland
→ Contracts and Risks
The development of a sound risk management strategy primarily calls for the identification of the risks that already exist in the circumstances at hand. Identification of the needs prevailing in the transport sector is a prerequisite for drafting good contracts. The risk scenario in the transport and logistic sector is very specific and not comparable to risk scenarios found in other sectors of international trade.
The liability of road carriers for damage and delay differs in many respects from that applicable in general contract or tort law. The purpose of this article is to illustrate the distinctive features of transport liability law, with the main focus on cross-border transport.
While the liability of the freight carrier for damage and loss in transit is usually calculable by reference to the existing maximum amounts and the corresponding insurance policies, particular care should be taken in delivering the goods. Omissions and mistakes in this connection will often trigger unlimited liability for the carrier.