Goods destroyed by fire, only three times the freight compensation offered; Zhiming lawyers stepped in and recovered full compensation of 1.8 million.

Shunxing Company (pseudonym) is an enterprise primarily engaged in freight forwarding services. In May 2017, Shunxing Company entered into separate cargo transportation contracts with Shenyi Company (pseudonym) and Zhongguang Company (pseudonym). Subsequently, Shunxing Company entrusted the cargo of both companies to Dafa Company (pseudonym), which was responsible for the actual carriage. Unfortunately, a fire broke out during transportation, resulting in the total destruction of all the cargo entrusted for shipment. The value of the cargo destroyed for Shenyi Company was 177 yuan, and the value of the cargo destroyed for Zhongguang Company was 2 yuan, totaling 180 yuan.

"u3000u3000After the accident, Shenyi Company brought a lawsuit to the court with Shunxing Company as the defendant to claim 177 yuan for the loss of its goods. Sun, the boss of Shunxing Company, was indignant. The tens of thousands of yuan of freight paid by his company for Deepyi Company has not yet been paid. Now, the accident is not caused by his own company. Huge compensation should not be borne by himself. Through multi-party consultation, Sun contacted the Guangdong Zhiming Law Firm, which is famous for handling difficult and complex major cases, and the Zhiming Law Firm's team of lawyers."

"u3000u3000After accepting the entrustment of Shunxing Company, Zhi Ming's team of lawyers (this time including the director, Zhang Yong's lawyer and Guo Yixuan's lawyer) held detailed discussions with the client and learned about the unfavorable situation of Shunxing Company. The director, Zhang Yong's lawyer and Guo Yixuan's lawyer jointly discussed and formulated several different plans for the client to ensure that the best interests of the client can be safeguarded under any circumstances. In the event that Shunxing Company needs to compensate Shenyi Company for the loss of goods of 177 yuan, in order to reverse the situation that Shunxing Company is about to bear huge losses, make every effort to protect the best interests of its own parties, know that the lawyer team will immediately change the direction of the lawsuit, and file a lawsuit against the actual carrier Dafa Company, requesting Dafa Company to bear the responsibility for breach of the transportation contract, and compensate Shunxing Company for the money of 180 yuan that it needs to pay to Shenyi Company and Zhongguang Company for this accident."

"u3000u3000In court, the two sides engaged in a heated debate over the actual price that the defendant should pay for the damaged goods. Indemnification of the Plaintiff against the Defendant's Counsel is limited to only three times the freight. Knowing that the lawyer team solemnly pointed out that the transportation clause on the back of the freight consignment note signed by Dafa Company and Shunxing Company is a format clause, Dafa Company, as the carrier, agreed to reduce or exempt the carrier from liability on the compensation limit, but it can be seen from the contents of the freight consignment note that Dafa Company did not take a reasonable way to draw the attention of the other party. Therefore, the agreement on the compensation limit of the carrier in the transportation clause should be invalid. Knowing that the lawyer team also issued two strong evidences, which fully proved that the actual loss of the plaintiff caused by the fire was 180 yuan, the defendant Dafa Company should bear the liability for breach of contract in this transportation contract and compensate the plaintiff Shunxing Company for the loss. Although the defendant was still struggling to deny it in the end, he was unable to provide evidence to the contrary enough to rebut the defeat."

"u3000u3000Finally, after the trial, the court found out and accepted the views of Zhi Ming's team: the defendant was judged to compensate the plaintiff Shunxing Company for 180 yuan. At this point, Zhi Ming's team also successfully saved Shunxing Company's original compensation of only 3 times the freight, and he still had to bear a huge loss of more than 1 million yuan."