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YOU MAY NOT SIMPLY USE A STANDARD (PREPRINTED) FORM FOR THE CLAIM! The claim form is not likely clear on the required elements for a freight claim)
Report: Read Freight Loss and Damage Claims text Ch 33 pages 233-241, look at the simple claim language at the bottom of page 235, and then look at the “Loss or Damage Claim†proprietary form on page 236. You can also re-read Article 1 and Article 2 (which each explain how to prepare a freight claim. ) Then prepare 1) a hypothetical loss or damage claim using hypothetical information (making sure to include all the required elements of a claim from the text at pages 234-235-see below) ; and then 2) prepare a hypothetical denial letter to the hypothetical claim letter you prepared for part 1. Use the defenses to claims you learned in the text (exceptions to liability, shipper load and count, shipper negligence, just to suggest a few.) Both the hypothetical claim and hypothetical denial should be submitted together in the same submission. Please attach only one file. This assignment is worth 25 points.
REMINDER:
From Homework Week 5, question 341:
HOMEWORK QUESTION 341 What requisite information must be included when filing a claim?
The requisite information that must be included when filing a claim are: (from text pages 234-235)Identification of shipper and consigneeOrigin and destination of shipmentName of Carrier, or routing instructionsDate on which shipment was madeDate of Delivery (if delivered)Description of loss or damage.Demand for monetary damages
DENIAL: A carrier would show it is both 1) free from negligence and 2) that the damage was solely due to one of the excepted causes relieving the carrier of liability (Act of God, Act of Public Enemy, Act of Shipper, Inherent Vice of the goods, Act of Public Authority.
You denial could also be based on denying the validity of the claim.
Readings and articles are provided as attachments
