In summary: as a principal, I am fully liable for the fraudulent behavior of my subcontractors.
But what is the situation if, as a good-faith carrier, I myself accept a transport order from a phantom carrier?
In this case, I am – albeit unintentionally – assisting the perpetrator in the theft of the goods. According to current legal opinion, I am liable as the contractor for the loss of the goods towards the consignee under the sub-carriage contract. However, I am generally not considered to have acted with gross negligence.
Our advice:
Check not only your subcontractors carefully but also verify the reliability of new clients before accepting a transport order.
If you have any questions, please feel free to contact us.