Full question:
Can a LTL motor carrier be assessed late fees for deliveries to a consignee as we are not able to control weather traffic or prior stop times?
- Category: Contracts
- Date:
- State: Colorado
Answer:
The ability of an LTL motor carrier to be assessed late fees for deliveries depends on the carrier's rules and the delivery contract with the shipper. Many shipping agreements specify the carrier's responsibilities regarding delivery times. If late fees are included in the contract, the interpretation of the contract will determine if fees can be charged, even in cases where events like weather or traffic delays (Acts of God) occur.
Contracts are legally enforceable agreements that establish the rights and duties of the parties involved. They can be written or oral, but written contracts are generally easier to enforce and have longer statutes of limitations for breaches. A breach of contract occurs when one party fails to meet their obligations, causing harm to the other party. Remedies for breach may include monetary damages, restitution, rescission, reformation, or specific performance.
Monetary damages compensate the injured party for losses incurred due to the breach. Restitution aims to return the injured party to their pre-contract position. Rescission cancels the contract, while reformation allows courts to modify the contract to correct inequities. Specific performance compels a party to fulfill their contractual duties when monetary damages are insufficient.
Additionally, promissory estoppel may apply if one party relied on the promise of another, and enforcing the promise is necessary to avoid injustice. This relies on the concept of reasonable reliance, where a party acts based on another's promise and suffers harm as a result.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.