Contract Dispute Between a Transport Company in Fujian and a Shipper Over Highway Cargo Transportation
Case Summary
The plaintiff, a certain trading company in Xiamen, entered into a "Highway Cargo Transportation Contract" with the defendant, a certain transportation company in Fujian. The contract stipulated that the defendant would transport a shipment of imported food from Xiamen Port to a warehouse in Fuzhou, with the goods valued at 68 ten thousand yuan. During transit, due to the defendant's failure to implement effective waterproof and moisture-proof measures, the cargo was soaked by rainwater, resulting in total loss and making it unsellable. The plaintiff demanded full compensation for the loss of goods. The defendant refused, citing heavy rain during transit as an act of God (force majeure). Consequently, the plaintiff filed a lawsuit requesting compensation for the goods loss of 68 ten thousand yuan plus interest.
Key Dispute
Case Strategy
Processing Result
The court ruled that the defendant shall compensate the plaintiff for goods loss of 68 ten thousand yuan, and interest calculated on a principal of 68 ten thousand yuan at the Loan Prime Rate published by the National Interbank Funding Center (from the date of goods damage until the date of actual payment); the defendant shall bear all litigation costs and judicial appraisal fees in this case.
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