Ethics: Criminal Statutes: 18 U. DoD R. There are prohibitions on the misuse of official position such as improper endorsements or improper use of non-public information. DoD employees are generally prohibited from engaging in any official fthics in which a non-Federal entity is a party or has a financial interest if the DoD employee is an active participant in the non-Federal entity or has been an officer in the non-Federal entity within the last year. Foreign governments or representatives of foreign governments that are engaged in selling to DoD or a DoD Component are defense contractors when acting in that context. Notify the reporting individual, in writing, of the remedial action required, indicating a date by which that action must be taken; and.
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According to the case law of German courts, damage to transported goods is to be assumed if damage could have occurred as a result of an event, even if it is not externally recognizable. If machines or other technical equipment, pharmaceutical products or food are not transported as intended, it is often discussed in practice whether a damage or even a total loss is present, although a damage is not externally recognizable.
The interests of both sides are The carrier on the other hand does not want to pay compensation if the goods are not noticeably damaged. Typical examples are tilted sensitive machines, moisture damage and temperature deviations in pharmaceuticals or foodstuffs. German case law considers a well-founded suspicion of damage to be damage to transported goods.
In a fundamental, very comprehensible decision, the Federal Court of Justice BGH has clarified for German law and the application of international conventions in Germany that indemnifiable damages can also be assumed to exist without any established substance damage solely on the basis of a well-founded suspicion of damage to the object.
In this case, the owner must have the object examined for such damage in order to remove the suspicion of damage or to be able to repair the object. The inspection costs shall also be reimbursed if the inspection leads to the conclusion that there is no damage. If the probable examination costs exceed the value of the object, the BGH is of the opinion that an economic total loss of the object is to be assumed even without an established substance violation, cf.
BGH, TranspR , The Regional Court of Hamburg has consistently taken up this thread and decided that the expiration of the factory guarantee of a transformer due to a considerable impact leads to a total loss of the transformer. This is the case even if the transformer should retain its physical functionality without impairment despite the impact, see Landgericht Hamburg, RdTW , ff.
A breach of specific contractual agreements of transportation contracts constitutes qualified fault and leads to unlimited liability of the carrier.
The carrier's liability for losses caused in its custody is limited. The lower the weight and the higher the value of the goods, the greater is the gap between the consignor's damage and the compensation the carrier has to pay. Only in the case of willful misconduct or reckless fault, the limitations of liability do not apply. It is therefore not surprising that questions of such qualified fault and thus of unlimited liability are of great importance for shippers and carriers.
In legal proceedings before the Hanseatic Higher Regional Court Hanseatisches Oberlandesgericht of Hamburg, the court clarified that a breach of specific contractual agreements constitutes qualified fault. The case concerned a consignment of cigarettes to be transported within Germany. During a stop on an unguarded motorway station over the weekend, the trailer was cut open and a considerable number of cigarettes were stolen.
Since it was contractually agreed between the consignor and the carrier that overnight stops were only permitted with the consignor's prior consent, the court saw the breach of this regulation as a qualified fault leading to unlimited liability.
In the same way the Regional Court of Bremen decided a few months earlier in its judgement of June 6, Clauses in a transportation contract according to which stops are only permitted on guarded and video-monitored parking lots are valid. If the carrier does not adhere to these requirements, he acts, according to the judgment, at least recklessly and is liable without limitation.
We are looking forward to the Mica-day in New York. In practice, it happens again and again that ocean carriers forget or fail to inform the consignee of the arrival of containers at the port of destination and that, after the agreed demurrage free time has expired, the cargo is handed over only concurrently against payment of demurrage. Carriers justify the charging of demurrage with bill of lading terms and conditions expressly excluding the obligation to provide information on the arriv Under German law such clauses in the bill of lading terms and conditions are ineffective.
The delivery of cargo requires that the consignee is put in a position to take possession of the goods and that he indicates his willingness to take possession. Terms and conditions of a bill of lading cannot facilitate delivery unilaterally, as this would undermine liability for proper delivery.
This, however, inevitably presupposes that the consignee is informed where and when he can collect the cargo. The Higher Regional Court of Thuringia recently informed the plaintiff in a litigation relating to that question that his appeal had no chance of success. Decision of June 25, , Ref. The first instance had decided that the carrier has to repay the demurrage costs. The two skippers were rescued by a Dutch freighter. Unfortunately, the yacht was not due to bad weather.
After we were able to successfully support our client in handling The yacht was salvaged and secured but who owns the yacht now, who has to bear the salvage costs, who may use the yacht and who is entitled to the proceeds? The exciting unbundling of this knot from different strands of national and international law and some contracts is in progress My favorite kind of travelling on business! The SAR season in front of our office has just begun!
Beim Verlust oder Diebstahl der Fahrerkarte oder der Arbeitszeitnachweise ist sofortiges Handeln geboten. What a day! Jump to. Sections of this page. Accessibility Help. Email or Phone Password Forgot account? Log In. Forgot account? Not Now. Information about Page Insights Data. Working on the product portfolio for LCH Academy Frankfurt Airport. This is the case even if the transformer should retain its physical functionality without impairment despite the impact, see Landgericht Hamburg, RdTW , ff See More.
CIGARETTE THEFT transportationlaw transportlaw cargoclaimsrecovery lchacademy lchclaims unlimitedliability A breach of specific contractual agreements of transportation contracts constitutes qualified fault and leads to unlimited liability of the carrier. See More. LCH Claim Services updated their phone number. Call Now. LCH Claim Services updated their business hours.
DOD 5500.7-R JOINT ETHICS REGULATION PDF