Freight claim

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. At common law, any carrier has a duty to act with reasonable despatch.[4][5] A "common carrier" may have strict liability,[6][7] but normally the standard of care is only one of "due diligence", or acting "properly and carefully".[8]

  1. ^ Merriam Webster Dictionary - Online Edition. http://www.merriam-webster.com/dictionary/freight%20claim
  2. ^ "Freight" has two meanings: in common parlance, it means "cargo"; in the law of carriage it means the "cost of carriage".
  3. ^ Freight claims are also known as "shipping claims", "transportation claims", or "loss and damage claims".
  4. ^ Hadley v Baxendale (1854)
  5. ^ M'Andrew v Adams (1834) 1 Bing NC 29
  6. ^ Liver Alkali v Johnson xx
  7. ^ iLaw report on Liver Alkali v Johnson [1]
  8. ^ Hague-Visby Rules Art III Rules 1 & 2