Post by account_disabled on Mar 12, 2024 22:28:00 GMT -5
Agents who perform an auxiliary function during the transport of goods should not be held responsible for damages incurred during the transfer. This was understood by the 18th Chamber of Private Law of the Court of Justice of São Paulo, when denying compensation to an insurance company.
reproduction
Insurance company sought compensation for damages caused to imported products during air transport
The company stated that it had contracted Portugal Mobile Number List the services of a logistics company. Due to damage caused to the products during air transport, the insurance company went to court to seek reimbursement of the amount.
However, for the case's rapporteur, judge Ramon Mateo Junior, the defendant only acted as a cargo deconsolidator and “did not transport the goods, and cannot be held responsible in a lawsuit claiming damages for providing such a service”.
Still according to the decision, the action should not have been filed against the logistics company, but rather against the one that issued the Bill of Lading (House AirWay Bill) and which, therefore, had responsibility for the transfer.
The insurer stated that as the two companies are part of the same economic group, there would be joint liability between the companies. The thesis was also rejected.
In maintaining the basis of the sentence, the rapporteur explained that the formation of the economic group does not imply confusion among the grouped legal entities — which, despite the grouping, preserve their own personality — and does not determine the supposed joint and several liability.
"The fact of acting in Brazil as a representative of the foreign legal entity to which the transport was contracted does not authorize the filing of the action against the defendant, who was not party to that contract", says an excerpt from the sentence, maintained by the TJ-SP.
reproduction
Insurance company sought compensation for damages caused to imported products during air transport
The company stated that it had contracted Portugal Mobile Number List the services of a logistics company. Due to damage caused to the products during air transport, the insurance company went to court to seek reimbursement of the amount.
However, for the case's rapporteur, judge Ramon Mateo Junior, the defendant only acted as a cargo deconsolidator and “did not transport the goods, and cannot be held responsible in a lawsuit claiming damages for providing such a service”.
Still according to the decision, the action should not have been filed against the logistics company, but rather against the one that issued the Bill of Lading (House AirWay Bill) and which, therefore, had responsibility for the transfer.
The insurer stated that as the two companies are part of the same economic group, there would be joint liability between the companies. The thesis was also rejected.
In maintaining the basis of the sentence, the rapporteur explained that the formation of the economic group does not imply confusion among the grouped legal entities — which, despite the grouping, preserve their own personality — and does not determine the supposed joint and several liability.
"The fact of acting in Brazil as a representative of the foreign legal entity to which the transport was contracted does not authorize the filing of the action against the defendant, who was not party to that contract", says an excerpt from the sentence, maintained by the TJ-SP.