Ganna Gnizdovska, an attorney specializing in customs law, analyzed for the "Protocol" platform the legal mechanisms for recovering debts under a freight forwarding contract in the absence of a single written document.
The article provides freight forwarders with the following key insights.
Two crucial elements that must be proven in court:
- the existence of a contract;
- the performance of the contract by the forwarder and its acceptance by the client.
How to prove the existence of a contract:
- the admissibility of verbal agreements and email correspondence;
- the importance of written evidence confirming the agreement on essential terms;
- the additional role of a power of attorney issued to the forwarder.
Key points for freight forwarders to consider:
- the inadmissibility of unsigned email printouts;
- the necessity of proving ownership of an email address;
- a list of admissible evidence for different essential contract terms.
You can read the full article by following this link.