A shipper asked a truck driver to deliver a shipment of chemicals and to protect them from freezing while en route. the driver assured the shipper that he chemicals would be carried in heated trucks. When the shipper learned that the shipment had been damaged in transit by freezing, she demanded payment from the trucking company.
Here are my questions...Did the truck driver have any authority to assure the shipper that the chemicals would be protected from freezing? Would the trucking company be responsible for the damaged chemicals? And lastly, Was the truck driver acting as an agent?
Thank you for the help.
2007-08-04 07:30:20 · 7 answers · asked by Bri up 1 in Politics & Government ➔ Law & Ethics
I think if its not in writing than the shipping company is not at fault but instead of losing a customer they may make a deal with them.
also, things happen no one can guarantee nothing.
2007-08-04 07:38:27 · answer #1 · answered by LISA C 2 · 1⤊ 0⤋
The driver did not have the authority as a "freight broker" to negotiate the load. The shipping papers required had to come from the sales agent at either the company level, or a brokerage that the company accepted. The specific instructions for transporting should have been on the BOL. The shipper is responsible for the BOL instructions and the packaging. If it is a hazmat load, they (she shipper) is responsible for flagging that on the bol, and the truck has to be placarded per Federal Motor Carrier Regulations (FMCR's). If all was done correctly by the shipper, then the shipping company is responsible... but it is contingent on the shipper having done it right.
2007-08-04 14:38:38 · answer #2 · answered by Zipperhead 6 · 2⤊ 0⤋
Amber, are you posting your torts homework questions on here?!?!
1. Probably yes. Agents are usually authorized to enter into contracts for their principals, when the contracts are within the scope of their reasonable course of duties.
2. Again, most likely yes. The company will be liable for the damage because the chemicals were under their control when they were damaged and because they knew or had reason to know (through the driver) of the specific heating requirements.
3. Agent for whom? The driver is absolutely an agent of the trucking company if he is an employee. If he is only a contractor, then he is not an agent. If he is not an agent, the answers to #1 and #2 are no.
2007-08-04 14:39:46 · answer #3 · answered by rd211 3 · 1⤊ 1⤋
a driver does not act for the company and has no authority to do so
the shipping requirements must be agreed upon by the shipper and the shipping company authorized agent that is authorized to represent the company. The shipping company is not responsible for statements made by unauthorized persons.
2007-08-04 14:42:13 · answer #4 · answered by Jan Luv 7 · 0⤊ 0⤋
I think because of the truck driver being an employee of the trucking company and having the ability to change the temp, he would be classified as an acting agent at that moment. Therefore making the trucking company liable.
2007-08-04 14:34:34 · answer #5 · answered by UTLonghorn(Pre-Med) 3 · 0⤊ 1⤋
I drove long haul for a lot of miles. As a driver, I personally was held to account fo any damage to freight while in my care. The company will have to pay for the damaged freight, but usually, they then go after the driver.
2007-08-04 14:39:26 · answer #6 · answered by randy 7 · 0⤊ 1⤋
Yes, yes, and yes.
2007-08-04 14:39:08 · answer #7 · answered by Anonymous · 0⤊ 1⤋