The limits of liability of the Logistics Service Provider

Les limites de la responsabilité civile du Prestataire de Service Logistiques (PSL)

Ishola Bakari ()
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Ishola Bakari: CDE - Centre de Droit Economique - AMU - Aix Marseille Université

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Abstract: The article examines the various limits of liability applicable to Logistics Service Providers (PSL) in common law and transportation law. It is based on legal analysis and real-life cases. In the first part of the article, it emphasizes that PSLs face increasing responsibilities and numerous legal actions. Two systems are considered to allow PSLs to escape the consequences of their faults: limiting liability clauses and the force majeure clause. The second part focuses on the specific limits related to transportation and logistics. Questions are raised about the mechanisms involved in establishing the PSL's civil liability in repairing damages to goods, taking into account factors such as the type of merchandise, vehicle tonnage, the personal fault of the forwarder, as well as concepts of loss, damage, and delay. The third part of the article highlights case law. A specific case is presented where a company is bound by a framework contract with a PSL. This contract defines the PSL's liability based on the nature of the services provided. For domestic transportation, specific compensation limits are established, while for international transportation, limitations of various international conventions apply. For other operations, a maximum indemnity per incident is set. The case presented in the article involves the loading of equipment in the PSL's premises to be transported to another warehouse. During the operation, damage occurs when a computer chassis falls from a cart. The client argues that the damage falls under a contract for work and claims total compensation, as the damages are below the liability cap. The PSL contends that it was a transportation-related ancillary handling operation, and that the annual prescription under Article 108 of the Commercial Code applies. The court refutes this argument, stating that the transportation was incidental to the contract for work, particularly the packaging service entrusted to the PSL. In summary, the article examines the various limits of liability for PSLs in both common law and transportation law, based on legal analysis and real-life cases. It underscores the importance of understanding these limits for PSLs and stakeholders in the logistics and transportation industry.

Keywords: Contrat de prestation de services; prestataire de service logistique; logistique; Droit commun; PSL; contrat de prestations logistiques; contrat de logistique; Droit des transports durables (search for similar items in EconPapers)
Date: 2023-05-21
New Economics Papers: this item is included in nep-mfd and nep-tre
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Published in 2023

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