Recovering a Debt for Forwarding Services Without a Single Document: An Article for "Protocol"

Recovering a Debt for Forwarding Services Without a Single Document: An Article for "Protocol"

Dishonest clients sometimes assume that the absence of a written freight forwarding contract will allow them to avoid payment. However, this is not the case.

Борг за експедирування

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.