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A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. [1] [2] [3]Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed.
The Lloyd's Open Form, formally "Lloyd's Standard Form of Salvage Agreement", and commonly referred to as the LOF, is a standard form contract for a proposed marine salvage operation. Originating in the late 19th century, the form is published by Lloyd's of London and is the most commonly used form for international salvage.
The Hague Rules of 1924 effectively codified, albeit in a diluted form, the English common law rules to protect the cargo owner against exploitation by the carrier. Nearly 50 years later, the Hague-Visby "update" made few changes, so that the newer Rules still applied only to "tackle to tackle" carriage (i.e. carriage by sea) and the container ...
This powerful partnership organizes the traditionally manual, slow, and error-prone process of freight claims management. Freight claims are an inevitable part of logistics. They often lead to frustration and stress due to delays, miscommunications, and incomplete documentation. Communicating with carriers about claims often further confuses ...
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Laches is a form of estoppel for delay. A person fails to arrest the ship within a reasonable time may result in cancellation of the original claim. The time of delay will be determined on a case-by-case basis. The idea is that the holder must show diligence exercising the lien. Another method is an execution sale in a rem. This also removes ...
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A bill of lading is a standard-form document which is transferable by endorsement (or by lawful transfer of possession). [7] Most shipments by sea are covered by the Hague Rules , the Hague-Visby Rules or the Hamburg Rules , which require the carrier to issue the shipper a bill of lading identifying the nature, quantity, quality and leading ...