This is so wrong...
A contract is anything two parties agree to. Even a verbal contract is valid in a court of law. Of course proving it is the challenge, not the fact it was verbal.
Heck I can have a contract as part of a receipt. Usually most companies do this for return policies.
Here is a good primer if you actually want to educate yourself.
Contracts 101: Make a Legally Valid Contract
Broker refusing to pay solution.
Discussion in 'Experienced Truckers' Advice' started by 6wheeler, Mar 11, 2019.
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Assuming you have a rate con for $150 TONU, how do you sue for $1,000 and settle for $400?
6wheeler Thanks this. -
It took 3 months of stone walling a simple TONU for $150, and the check was cut in 3 days after it was served.
Not only did the broker have to pay me $400, I can imagine the lawyer charged at least $500 for his services.
Yes I could have negotiated a higher amount with the attorney, but I didn't want to go to court if I didn't have to, and I was in a good mood that morning after the attorney apologize several times for the brokers fault. I told my wife I should have settle for more afterwards -
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After-the-fact add-on charges like detention and TONU are not paid immediately. They will pay those only if they can collect them first. I don't think they try very hard. No company wants to annoy their customer over some small change for you.
Swift was the same way about detention when I was there. They might promise it to you, but you wouldn't get it unless they were able to collect it first. Swift didn't pay TONU (but I'll just bet they charged it). -
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As a party being sued in another state they could ask the Federal courts to take the case by claiming diversity of jurisdiction. But the Federal court doesn't have to take it if they don't want to. And what lawyer is going to let them do that over something they know they owe anyway?
Your contract with the broker is the carrier package you filled out and signed. You need to include whatever terms you want to be able to impose for detention and TONU in that. I believe a rate confirmation is simply what is know under the law as an invitation to treat. -
There is kid who is suing Washington post for 250 million dollars, go figure.6wheeler Thanks this. -
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Lepton1 Thanks this.
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