·
I’ve
already paid once; therefore I should not have to pay again.
o
You hired this party and they are your
agent. You have a responsibility to deal
with reputable brokers (CASE LAW).
o
Negligent Hiring argument
o
Broker acting as trustee of your money
o
Several cases support double payment
o
Equities weigh greatly in favor of the
shipper paying again instead of the carrier getting stiffed.
·
We
signed section 7 and therefore carrier has no recourse.
o
If prepaid, the terms contradict
o
Case law supports our position Jones v. Teledyne
o
Uniform bill of lading does not allow
“prepaid” section 7 as a bar to recovery
o
Marking a bill prepaid and then claiming
Section 7 non-recourse is equivalent to telling the shipper it can’t collect
from either the shipper or the consignee/buyer.
o
There still exists a quasi-contract in
that the carrier provided its services for the benefit of the shipper and/or
consignee, conferred a benefit and yet did not get paid.
·
There’s
a broker carrier agreement that bars recovery
o
Is it signed the Broker Carrier
Agreement? By both parties??
o
Did individuals have the authority to
sign the Agreement?
o
Does the BCA truly release shipper from
liability?
o
Is the BC Agreement a valid agreement?
o
Is the BC Agreement enforceable?
o
Would the BC Agreement be admissible evidence
in Court?
o
Is the BC Agreement even legal?
·
You
have no jurisdiction to file suit.
o
We may not file where you think we are.
o
Your company has significant contacts
o
Interstate load and jurisdiction could
be in several states (don’t tell where we are filing)
·
Your
assignment is not valid
o
Assignment is a contract (shipper
assumes that the assignment has to be in a certain form)
o
We will sue to enforce our assignment
o
Our client willingly and knowingly
signed the agreement that gives us the right to act as a first party
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