Case 1Read the following article:French farmers blockade border roads in protest against cheap importsBabinec, a trucking company, is hired by the manufacturer of Babybel cheese to transport for € 1.500 10 pallets of 500 kg from the Czech Republic to Paris. At the border the French Farmers refuse to let Babinec’s truck go through and the driver has to turn back. This was a surprise action of the French farmers. Unfortunately, it is impossible to make a U-turn on the highway and the driver has to wait patiently until the French farmers are gone. Seven days later than planned Babinec finally delivers the goods in Paris. On arrival it is discovered that part of the cheese can only be sold for a lower price because the expiration date is shorter. This results in a damage of € 20.000.Questionsa. How much time does the consignee have to complain about the damage resulting from the late delivery?b. Is Babinec liable to pay damages?Suppose Babinec is liable.c. For which amount Babinec is liable?
Chapter 11
Contract of carriage
Case 1Read the following article:French farmers blockade border roads in protest against cheap importsBabinec, a trucking company, is hired by the manufacturer of Babybel cheese to transport for € 1.500 10 pallets of 500 kg from the Czech Republic to Paris. At the border the French Farmers refuse to let Babinec’s truck go through and the driver has to turn back. This was a surprise action of the French farmers. Unfortunately, it is impossible to make a U-turn on the highway and the driver has to wait patiently until the French farmers are gone. Seven days later than planned Babinec finally delivers the goods in Paris. On arrival it is discovered that part of the cheese can only be sold for a lower price because the expiration date is shorter. This results in a damage of € 20.000.Questionsa. How much time does the consignee have to complain about the damage resulting from the late delivery?b. Is Babinec liable to pay damages?Suppose Babinec is liable.c. For which amount Babinec is liable?