Hien Van Doan v. Round The World USA Corporation
Published: Dec. 11, 1999 | Result Date: Sep. 30, 1999 | Filing Date: Jan. 1, 1900 |Case number: TC010198 – $89,700
Facts
In July 1996, plaintiff Hien Van Doan, contracted with two Vietnamese companies for the purchase and sale of more than 40 used automobiles for shipment to Vietnam. After entering into the deal, the plaintiff contacted a freight forwarder to assist in the shipments. The freight forwarder, in turn, contacted defendant Round-The-World (USA) Corporation (RTWC). The shipping documents submitted to RTWC called for ocean carriage, off-loading at the Port of Vung Tau, Vietnam and delivery to the buyers in Vung Tau. At the time, RTWC typically arranged for shipments to be carried to the Port of Ho Chi Minh City (formerly Saigon), off-loaded there and delivered by truck to Vung Tau. RTWC made those arrangements in this case and the parties had no discussions as to whether off-loading in Vung Tau was a necessary requirement. Ultimately, due to tax reasons, the buyers insisted on off-loading at the Port of Vung Tau, and refused to take delivery through the Port of Ho Chi Minh City. They demanded and received an adjustment of the contract price as a result of delays and the fact that the first shipment was carried to the wrong port. In addition, as a consequence, the plaintiff's freight forwarder requested that subsequent shipments be sent to Singapore, transferred to another ship and then carried to Vung Tau for off-loading. RTWC did this and charged its customer for the extra costs involved. The shipments arrived at Vung Tau and were approximately 28 days late. The buyers then charged plaintiff for delaying in delivery.
Settlement Discussions
The plaintiff made a C.C.P. Section 998 offer of $50,000.
Damages
$17,000 (loss of profit); $32,000 (overpaid charges); $50,000 (damages charged by buyers)
Other Information
The verdict was reached approximately two years and five months after the case was filed.
Deliberation
eight hours
Poll
12-0
Length
seven days
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