Rail Demurrage: Collecting Every Penny or, A New Argument is Better than an Old One Any Day

This article describes the development and varied success of the theory of the "unilateral" or unknowing consignee and this is argued by intermediate freight acceptors to avoid railroad demurrage liability. The presented theory is premised on the equitable argument that it would be unfair to allow railroad enforcement of demurrage against a party as a consignee if the party did not know or agree that it was a consignee. The Courts affirming the theory and providing relief to "unilateral" consignees appear to elevate their view of fairness above more predictable, historical views of contract consignees.

Language

  • English

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Filing Info

  • Accession Number: 01164990
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 2 2010 9:48PM