Marstein Pottery Company v. Falcon Wagon Lines
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Appendix 18 from Freight Law Made Easy, 3rd Edition
Background
Marstein Pottery Company contracted Falcon Wagon Lines to transport four crates of ceramic vases from their main workshop in Rekkert to Meridian Luxury Goods in Ivran. Terin Loumar, the driver, arrived at Marstein's workshop on 15 Zyrdolros' Month 417 IA and picked up the crates. The shipment was due on 21 Zyrdolros' Month which included an extra day in case of delays. Loumar left Rekkert and traveled along the Old Elf Road. However, he was forced to stop at the Blue Woogy Inn due to heavy rains that lasted from 17 - 19 Zyrdolros' Month.Two days ago, an unprecedented mudslide nearly destroyed Nouvelt, a village nestled in the eastern foothills of the Tsargis mountains. The last mudslide in the area occurred 150 years ago. Locals report hearing rumblings from the mountains and initially believed that it was caused by the Bear King's anger. The mudslide also wiped out a section of the Old Elf Road causing significant delays to goods moving between Ivran and Rekkert. Exact casualties are unknown, though estimates range from 3-30 people injured in the catastrophe.
On 19 Zyrdolros' Month, the rains cleared enough for Loumar to continue on his trip, and the road around the inn was clear enough for travel. Close to midafternoon, he heard a loud rumble and urged the horses on faster. Within moments, he could see the mudslide racing down the slope towards him. The horses spooked, and part of the wagon was swept sideways and overturned by a fallen tree. The wagon sustained damage, but it was operable again by the next day. Half the cargo had been lost, and the remaining crates were damaged. Upon arrival, the clerk at Meridian Luxury Goods refused the entire shipment due to damages. Falcon Freight Lines refused to pay for the lost cargo citing the "acts of gods" exception.
District Court
On 7 Cedun's Month 420 IA, the District Court ruled in favor of the plaintiff following a precise reading of the exception clause. Witnesses from Nouvelt, a nearby village which was affected by the same mudslide, confirmed that it was a natural disaster and not of divine origin. The judge also stated that Loumar should have been aware that road conditions following heavy rain would be poor, and that he should have anticipated the possibility of a mudslide and delayed travel. Additionally, he should have stopped the wagon when he first heard the rumbling because that site was outside of the mudslide's path, and he wouldn't have risked the cargo by staying still.It is thus apparent that mudslide, devastating as it was, did not originate from divine origins. Witness testimony revealed that the mudslide could be felt prior to its arrival, and continuing to travel along the road after heavy rain doesn't properly demonstrate that the carrier is free from negligence. This court rules in favor of the plaintiff that the defendant is liable for all damages which occurred.
This is an outrage! No wagon company will feel safe operating again knowing that they can be forced to pay for damaged cargo caused by natural disasters! I will be paying for the poor driver who's reputation will be tarnished by a case of bad luck. It's the fault of the shipper with demanding deadlines that the driver had to risk a muddy road at all.
The court made the right decision. As a business owner, I shouldn't have to pay for months of work ruined and a furious customer when I wasn't responsible for the damage. I hope this gets rid of the "acts of gods" exception, too. It's not my fault if the drivers don't give suitable offerings and are punished for it.
Just one more reminder of why the guilds are necessary. If they're good, they should pay for the damages. It's not right that the potters should be punished for more work. They did everything they were supposed to. And the driver should have known to wait longer for the road to dry more. If he hadn't been there, then none of this would have happened.
National Court
Falcon appealed this decision and brought it to the National Court. Notably, Marstein filed for additional damages for the harm to their reputation. This allowed Falcon WL to introduce new expert witnesses to the case proceedings. The judge made his final decision in favor of the defendant on 40 Cedun's Month 425 IA.As laid out in the Dutan Civil Code, the "acts of gods" exception to liability covers all occurrences which could not be caused nor prevented by mortal beings, and the exceptional occurrence must be the sole and proximate cause of loss or damage. This second condition is clearly met and demonstrated in the evidence. The mudslide, while not strictly the act of a god, fulfills the requirements of the first condition. The defendant acted appropriately given the information available at hand. The defendant is found not liable for the damages caused to the cargo for which it was responsible.
In a landmark case, the National Court reversed the decision set by the 7th District Court in Marstein v. Falcon WL. The mudslide, while entirely natural in origin, was an unexpected catastrophe. The court ruled that the acts of gods exception still applies and clarified that the original intent was to cover freak occurrences. It's been seven years since the incident, and there was a big celebration for Falcon Wagon Lines from wagon companies and riverboat companies around the region. Critics of this decision claim that it will impact the cost of trade, but transportation experts state that consumers don't need to be concerned about rising prices.
Outcome
This is a day I wouldn't have dreamed of. It's been a long road to get here, but this is monumental for all freight carriers. This decision was a necessary choice to preserve the integrity of our trade, and to ensure that independent carriers can operate for generations to come. Expanding the acts of gods clause means that we can offer more competitive rates and prices to our customers without having to fear the weather.
Whoever this judge is needs to be axed! So what, now we can't trust our legal system to uphold the laws and the law can mean whatever they want it to mean? It was a natural disaster, so of course the wagon company should pay! They have more money, and it's not like small companies can afford to redo all their work for free! The district court was right, and this was the dumbest decision ever. I need a stiff drink, now.
As members of the League of Free Carriers, we request that the guild leadership amend all current contracts to read "acts of gods and natural catastrophes" into the exceptions for carrier liability. Additionally, we request that all future contracts include the aforementioned wording. Such an addition is instrumental in protecting we, the carriers, from undue financial hardship caused by natural disasters. This addition also protects the League of Free Carriers from being responsible for covering costs related to damage when the individual carrier can't pay in full.Following the decision by the National Court, many wagon companies in Dutan adopted the new wording into their contracts. Imperial trade guilds also heard about this new clause and swiftly adopted it. Once the League of Free Carriers adopted the exception, the rest of the continent followed suit until it became de facto international law all citing the Marstein case. Maritime trade guilds were the sole exception to adoption due to pressure from individual investors who feared losing leverage on those guilds. In 449 IA, the largest maritime trade guild, Zirenara Shipping Guild, adopted a similar waiver for sea monster attacks and natural disasters.
Start Date
417 IA
Ending Date
425 IA
Conflict Result
Addition of [acts of gods] "and natural catastrophes" to exceptions to carrier liability
Really, really like this article and this is the first I've seen something like this! I love the way you portrayed both sides of the case and the divisive reaction from the public. Though I can't decide who was right or wrong...