Without a written transport contract, no one pays the freight when the goods arrive. How to protect the rights and interests of drivers?

Plaintiffs Wang, Sun, Li, Shimou and defendant a coal company and Zhang Moumou were involved in a dispute over a cargo transportation contract. Four plaintiffs contacted the staff of a distribution station through WeChat to transport coal from Shenmu City, Shaanxi Province to a power plant in Zouping, with a freight of 370 yuan/ton.

The plaintiff asked, "Is the freight paid after unloading the car?" The staff of the distribution station replied: "Yes, you can either punch in or cash after unloading the car."

The plaintiff transported the coal to the designated warehouse according to the agreement, and the consignee issued a pound note for the plaintiff. When the plaintiff Shimou asked the consignee how to settle the freight, the consignee told him: "You don't have to worry about this, it's all settled here."

It was also found out that a power plant in Zouping signed a coal purchase and sale contract with a coal company of the defendant, and a coal company of the defendant signed a purchase and sale contract with Zhang Moumou of the defendant, stipulating that after the goods arrived at the designated power plant, 60%-80% of the paid-in payment of the power plant on that day would be paid, and the freight would be borne by Zhang Moumou, and the last payment would be paid within 30 working days after the power plant issued a statement at the end of the month.

During the trial, both the power plant and the coal company claimed that the coal payment involved in the contract had been paid, and the defendant Zhang Moumou also agreed. At the same time, Zhang Moumou admitted that he arranged the receiving personnel, who were responsible for receiving goods at the power plant and issuing the weight code list.

The court held through trial that the focus of the dispute in this case was whether the defendant, a coal company and Zhang Moumou, were responsible for paying the freight involved.

A contract of carriage of goods refers to a contract in which the carrier transports the goods from the place of departure to the agreed place, and the shipper or consignee pays the transportation expenses.

In this case, the staff of the distribution station contacted the four plaintiffs to transport the coal involved from Shaanxi to Zouping, and told them that the freight price and freight were paid by the consignee. The plaintiff transported the coal to the power plant designated by the consignee as agreed, which Zhang Moumou thought was arranged by the consignee. When the plaintiff asked how to settle the freight, the consignee asked for bank account information and promised to pay, indicating that the plaintiff had every reason to believe that the freight was paid by the consignee.

Therefore, the freight in this case should be paid by the defendant Zhang Moumou. Zhang Moumou argued that all the payment for coal, including freight, had been paid to the seller, and the freight involved should be paid by the seller. As the carrier, the plaintiff knew nothing about the agreement between Zhang Moumou and the seller. If the freight was really paid by the seller, the consignee arranged by Zhang Moumou should not easily make a promise that "everything will be handled here", and the court refused to accept Zhang Moumou's argument.

The first instance ruled that the defendant Zhang Moumou paid the freight to the four plaintiffs. After the court made a judgment, the defendant Zhang Moumou refused to accept it and appealed. The judgment of second instance dismissed the appeal and upheld the original judgment.

legal ground

People's Republic of China (PRC) Civil Code

Article 809 A contract of carriage is a contract in which the carrier transports passengers or goods from the place of departure to the agreed place, and the passenger, shipper or consignee pays the fare or transportation expenses.

Article 811 The carrier shall safely transport passengers and goods to the agreed place within the agreed time limit or within a reasonable time limit.

Article 813 The passenger, shipper or consignee shall pay the fare or transportation expenses.

Provisions of the Supreme People's Court on Evidence in Civil Procedure

Article 85 The people's court shall make a judgment according to the facts of the case proved by evidence.

A judge should comprehensively and objectively examine the evidence in accordance with legal procedures, follow the professional ethics of judges in accordance with legal provisions, use logical reasoning and daily life experience, independently judge whether the evidence has probative force, and disclose the reasons and results of the judgment.

Article 89 The people's court shall confirm the evidence recognized by the parties in the course of litigation. Except as otherwise provided by laws and judicial interpretations.