Can I revoke the freight contract in transportation law?
May 1, 2022 | 50,00 EUR | answered by Emma Weinert
Dear Lawyer for Transport and Forwarding Law,
I am reaching out to you with a question regarding a freight contract in transport law. My name is Dirk Bergmann and I run a medium-sized company that regularly transports goods. Recently, I entered into a freight contract with a forwarding company to organize a delivery to a customer.
Unfortunately, the situation has changed since the contract was signed and I am no longer able to carry out the delivery as planned. I am concerned about whether it is possible to revoke the freight contract in transport law and what consequences this could have for my company. I want to avoid legal problems and am therefore seeking possible solutions for this situation.
Can you please help me and tell me if and under what circumstances it is possible to revoke the freight contract in transport law? Are there possibly alternatives or other legal options that could be considered in this situation?
Thank you in advance for your support and advice.
Sincerely,
Dirk Bergmann
Dear Mr. Bergmann,
Thank you for your inquiry regarding the freight contract in transportation law. It is understandable that situations can change and you may be concerned about the legal consequences. Indeed, it is possible to revoke a freight contract in transportation law, but under certain conditions.
In principle, once a contract is concluded, it is binding and must be adhered to by both parties. However, if unforeseen circumstances arise that make the fulfillment of the contract impossible or fundamentally alter the performance in a way that unreasonably disadvantages one party, a contract adjustment or even revocation may be considered.
In the case of a freight contract, for example, an unexpected production disruption or a delivery shortage could lead to the agreed delivery no longer being feasible. In such a situation, it is important that you promptly contact the shipping company and communicate the situation transparently. Together, a solution can be found that is acceptable to both parties.
It is advisable to revoke the freight contract in transportation law only by mutual agreement to avoid legal consequences. If there is a unilateral termination of the contract, this could lead to claims for damages from the shipping company.
Alternatively to revoking the freight contract, other legal options could be considered, such as contract adjustments, delaying the delivery, or seeking an alternative transportation solution.
In such a situation, it is advisable to seek legal advice early on to minimize potential risks and find the best possible solution for your company. I am available in my online office hours to discuss your questions in more detail and offer you personalized legal solutions.
Best regards,
Emma Weinert
Attorney specializing in transportation and shipping law
