Understanding Carriage of Goods for Legal Light Consulting – LLC

Disputes related to the carriage of goods can be complex, especially when goods are damaged during shipment. Let’s explore a scenario and the potential remedies to address this issue, particularly for Legal Light Consulting – LLC.

Scenario Overview

• Date of Dispute: 27-12-2024
• Reason: Goods were totally damaged during shipment.

Probable Remedies and Legal Actions

1. Mediation

Notice has been served as mandatory, and mediation has already been initiated.

Act & Section:

• The Commercial Courts Act, 2015
  • Section 12A: Pre-Institution Mediation and Settlement

Procedural Aspects:

• The Commercial Courts (Pre-Institution Mediation and Settlement) Rules, 2018
  • Rule 3: Initiation of mediation process
  • Rule 6: Representation of parties
  • Rule 7: Procedure of Mediation
• The Mediation Act, 2023
  • Section 5: Pre-litigation mediation
  • Section 13: Territorial jurisdiction to undertake mediation
  • Section 29: Limitation

2. Compensation

Act & Section:

• The Indian Contract Act, 1872
  • Section 73: Compensation for loss or damage caused by breach of contract
  • Section 74: Compensation for breach of contract where penalty stipulated for
  • Section 75: Party rightfully rescinding contract, entitled to compensation
  • Section 151: Care to be taken by bailee
• The Carriage By Road Act, 2007
  • Section 10: Liability of common carrier
  • Section 12: Conditions limiting or exonerating the liability of the common carrier
• The Sales of Goods Act, 1930
  • Section 16: Implied conditions as to quality or fitness
  • Section 58: Specific performance
  • Section 59: Remedy for breach of warranty
  • Section 61: Interest by way of damages and special damages

Territorial Jurisdiction:

• Delhi (Residence of complainant).

Limitation:

• File a case before 27-12-2027 (3 years from the date of breach of contract, i.e., 27-12-2024).

Pecuniary Jurisdiction:

• High Courts of Delhi

Court Fees:

• Rs. 545,195.20/-

3. Specific Performance

Act & Section:

• The Specific Relief Act, 1963
  • Section 39: Mandatory injunctions
  • Section 40: Damages in lieu of, or in addition to, injunction
• The Indian Carriage of Goods By Sea Act, 1925
  • Article III: Responsibilities and Liabilities
  • Article III(8): Carriage contract clauses attempting to relieve carrier liability for negligence or failing to meet duties under these Rules are void
• The Railways Act, 1989
  • Section 93: General responsibility of a railway administration as carrier of goods
  • Section 98: Goods in defective condition or defectively packed
  • Section 104: Extent of liability in respect of goods carried in open wagon

Territorial Jurisdiction:

• Delhi (Residence of complainant).

Limitation:

• File a case before 27-12-2027 (3 years from the date of breach of contract, i.e., 27-12-2024).

Pecuniary Jurisdiction:

• High Courts of Delhi

Court Fees:

• Rs. 545,195.20/-

Procedural Aspects:

• The Indian Contract Act, 1872
  • Section 73: Compensation for loss or damage caused by breach of contract
• The Carriage By Road Act, 2007
  • Section 10: Liability of common carrier
  • Section 12: Conditions limiting or exonerating the liability of the common carrier
  • Section 16: Notice for Institution of suit
  • Section 18: Punishment for contravention in relation to non-registration, carrying goods of dangerous or hazardous nature, or prohibited goods
• The Sales of Goods Act, 1930
  • Section 56: Damages for Non-Acceptance
  • Section 57: Damages for Non-Delivery
  • Section 59: Remedy for breach of warranty
  • Section 61: Interest by way of damages and special damages
• The Specific Relief Act, 1963
  • Section 20: Substituted performance of contract
  • Section 21: Power to award compensation in certain cases
  • Section 22: Power to grant relief for possession, partition, refund of earnest money
• The Indian Carriage of Goods by Sea Act, 1925
  • Section 2: Application of Rules
  • Section 5: Modification of Article VI of rules in relation to goods carried in sailing ship by prescribed routes
• The Railways Act, 1989
  • Section 107: Application for compensation for loss of goods
  • Section 108: Specifies the person entitled to claim compensation

Conclusion

This article is for educational and informational purposes only. The information provided here is intended to offer general knowledge about legal matters but does not constitute legal advice. Legal Light Consulting, as a law firm, does not take any responsibility for the accuracy or completeness of the content shared in this article.

Due to the complexity of legal processes and potential variations depending on your work/business type or location, it is highly recommended that you seek professional assistance from legal experts like Legal Light Consulting. Their experienced team of lawyers can guide you through various legal procedures and help ensure a smooth and hassle-free process.