TRANSPORTATION, DISTRIBUTION AND LOGISTICS
Transportation Law may include advising shippers, receivers, carriers, and insurers on a full range of transportation issues including licensing and public regulation.
Carriage of Goods
Employees are required to pick up and delivering loads maintain sufficient experience and expertise to perform the terms of the agreement between the parties in a proper and workmanlike manner.
Responsibilities to utilize equipment suited and appropriate to perform the agreement between the parties in a proper and workmanlike manner.
Ensuring that the equipment used is in a fit and proper state of repair and fit to perform the agreement between the parties.
That upon delivery of the products, products must be in a marketable or fit condition to be used by the receiver. That product must be fit for the purpose for which they were intended to.
In cases, whereas the products are temperature based to avoid defrosting or freezing. The fact that the product was for sale to the public and the fact that the product was for human consumption, the transport temperature of the subject dairy products was a fundamental term of the agreement between the parties.
The transport temperature of the subject dairy products is of paramount importance and fundamental to both the contract, the performance of the agreement between the parties and the marketability and condition of the said products.
The issue of the standard of care and/or a duty of care is well outlined in the case of Pelmen Foods Ltd. v Fast Load Transport Inc., 2015 CanLII 85873 (ON SCSM)
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