Stuck in the middle: freight forwarder - forwarding agent or contracting carrier?

dc.contributor.advisorBradfield, Graham
dc.contributor.authorRigtering, Mandy Verena
dc.date.accessioned2026-03-19T10:33:11Z
dc.date.available2026-03-19T10:33:11Z
dc.date.issued2010
dc.date.updated2026-03-19T09:35:57Z
dc.description.abstractThe freight forwarder has always played an important role in commerce and interna tional carriage of goods. Traditionally the freight forwarder was the link between the owner of the goods and the carrier, and provided forwarding or clearing services. The forwarder acted as the agent for the cargo owner, and in some cases at the same time for the carrier. 1 Forwarding agents would have co-operating partners in other countries, to whom they direct instructions for the receipt of the cargo at destination and for cus toms clearance. With the advent of containerisation the forwarder undertook activities such as packing and cargo consolidation on his own account - as principal. In modern days the freight forwarder has adopted a new role in which he is not only assisting the parties in the transportation of goods, but in 'undertaking' the carriage by his own means of transport or by making arrangements with other transport providers. 2 In the role of a principal, the freight forwarder is known by many names, eg Non-Vessel Own ing/ Operating Common Carrier (NVOCC), Multimodal Transport Operator {MTO), lo gistics service provider, etc. 3 In a ·broad sense the activities of a freight forwarder fall under the classical Roman con tract type of mandatum, but nowadays a distinction has to be made between the three different roles a forwarder can fulfil.4 A freight forwarder can act as a mere agent on behalf of his customer or the performing carrier, as the contracting carrier assuming carrier liability without performing the carriage himself or as the performing carrier. 5 The liability of the freight forwarder depends on its role and the governing legal regime.
dc.identifier.apacitationRigtering, M. V. (2010). <i>Stuck in the middle: freight forwarder - forwarding agent or contracting carrier?</i>. (). University of Cape Town ,Faculty of Law ,Centre for Law and Society. Retrieved from http://hdl.handle.net/11427/43013en_ZA
dc.identifier.chicagocitationRigtering, Mandy Verena. <i>"Stuck in the middle: freight forwarder - forwarding agent or contracting carrier?."</i> ., University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010. http://hdl.handle.net/11427/43013en_ZA
dc.identifier.citationRigtering, M.V. 2010. Stuck in the middle: freight forwarder - forwarding agent or contracting carrier?. . University of Cape Town ,Faculty of Law ,Centre for Law and Society. http://hdl.handle.net/11427/43013en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Rigtering, Mandy Verena AB - The freight forwarder has always played an important role in commerce and interna tional carriage of goods. Traditionally the freight forwarder was the link between the owner of the goods and the carrier, and provided forwarding or clearing services. The forwarder acted as the agent for the cargo owner, and in some cases at the same time for the carrier. 1 Forwarding agents would have co-operating partners in other countries, to whom they direct instructions for the receipt of the cargo at destination and for cus toms clearance. With the advent of containerisation the forwarder undertook activities such as packing and cargo consolidation on his own account - as principal. In modern days the freight forwarder has adopted a new role in which he is not only assisting the parties in the transportation of goods, but in 'undertaking' the carriage by his own means of transport or by making arrangements with other transport providers. 2 In the role of a principal, the freight forwarder is known by many names, eg Non-Vessel Own ing/ Operating Common Carrier (NVOCC), Multimodal Transport Operator {MTO), lo gistics service provider, etc. 3 In a ·broad sense the activities of a freight forwarder fall under the classical Roman con tract type of mandatum, but nowadays a distinction has to be made between the three different roles a forwarder can fulfil.4 A freight forwarder can act as a mere agent on behalf of his customer or the performing carrier, as the contracting carrier assuming carrier liability without performing the carriage himself or as the performing carrier. 5 The liability of the freight forwarder depends on its role and the governing legal regime. DA - 2010 DB - OpenUCT DP - University of Cape Town KW - freight forwarder LK - https://open.uct.ac.za PB - University of Cape Town PY - 2010 T1 - Stuck in the middle: freight forwarder - forwarding agent or contracting carrier? TI - Stuck in the middle: freight forwarder - forwarding agent or contracting carrier? UR - http://hdl.handle.net/11427/43013 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/43013
dc.identifier.vancouvercitationRigtering MV. Stuck in the middle: freight forwarder - forwarding agent or contracting carrier?. []. University of Cape Town ,Faculty of Law ,Centre for Law and Society, 2010 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/43013en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentCentre for Law and Society
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectfreight forwarder
dc.titleStuck in the middle: freight forwarder - forwarding agent or contracting carrier?
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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