Current Position >> Home  >> Case Digest 

The Burden of Proof for Contract Carrier Who Claims the Disclaimer for Compulsory Release of Goods at the Port of Destination

 

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.