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TITLE Supreme Court Decision 2005Da5058 Delivered on April 26, 2007 [full Text]
Summary
[1] The significance of the phrase ""date when the transporter is required to deliver the cargo to the consignee"" under Article 811 of the Commercial Code, and the proper date for determining whether the period for filing a cause of action under the above Article has run, in cases where the cargo was not delivered due to such factors as the cargo being destroyed, the carriers refusal to deliver, etc. (= the date on which the cargo is to be delivered) [2] The meaning of ""agency"" under Article 114 of the Commercial Code and whether a carriage agent loses her agency status where the agent signed a carriage contract in the name of the cargo owner, the carrier representative, or the consignor, and then acted as an agent (negative) [3] Whether a bill of lading written by a sea carriage agent on behalf of an unrelated party may be deemed a ""bill written by a carrier agent,"" as required under Article 116 of the Commercial Code in order to qualify as a valid exercise of the authority to act as a go-between (negative)
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