Case Study: Agent or Carrier? When Due Diligence Lead to Gross Negligence
Update: 2024-11-27
Description
This podcast 🎙️ episode explores a case from Lithuania's Supreme Court that addresses forwarders as agents liability and operational due diligence in international transport 🏛️. Gediminas Daukša, in this solo episode, breaks down a 2011 case where a seemingly routine shipment led to legal implications for the transport industry 📦.
Key Takeaways
- Contract clarity is crucial - your operational role cannot be retroactively reinterpreted
- Proper subcontractor verification is a fundamental obligation, not just a formality
- Gross negligence can strip away CMR Convention liability limitations
- Failure to notify clients of operational changes can constitute serious negligence
- The distinction between freight forwarder and carrier roles has significant legal implications
- Courts will examine actual contract terms rather than post-incident explanations
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