The Burden of Proof
for Contract Carrier Who Claims the Disclaimer for Compulsory Release of Goods
at the
The contract carrier who claims to be exempt from the liability of
releasing goods without bill of lading by the reason that the law of
destination compulsively requires the goods to be delivered to the port
authority shall bear a stricter burden of proof. The contents of the evidence
shall include :(1) there are relevant provisions for mandatory delivery of
goods to the local customs or port authorities at the port of destination; And
the carrier can only deliver the goods to the local customs or port authorities
according to the provisions; (2) informing the shipper the risks arising from
the special provisions of the port of destination fully and clearly.