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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

1.Was the defendant at fault for the damage to the goods?
2.Is the defendant's force majeure defense valid?
3.Is the amount of loss claimed by the plaintiff reasonable?

Case Strategy

1.Core evidence including fixed freight contracts, cargo value certificates, photos of damaged goods, on-site investigation records, and communication logs between both parties.
2.Regarding the defendant's force majeure defense, evidence demonstrates that as a professional carrier, the defendant failed to monitor weather warnings in advance and did not implement effective waterproofing and moisture protection measures for the cargo. This constitutes gross negligence in causing the damage. The heavy rain was foreseeable and avoidable; therefore, it does not qualify as force majeure.
3.Provide procurement contracts, invoices, customs declaration forms, and other documents to verify the actual value of the goods.
4.Request a judicial appraisal of the cargo's damage and residual value to establish the loss amount.

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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