| Foreword | p. xv |
| Preface | p. xvii |
| Acknowledgements | p. xviii |
| Outsourcing Contracts: Outsourcing of Logistics Services | p. 1 |
| Introduction | p. 1 |
| Outsourcing contracts | p. 2 |
| The definition, history and development of outsourcing | p. 2 |
| Outsourcing terminology | p. 2 |
| A historical view of outsourcing | p. 3 |
| Trends in outsourcing | p. 4 |
| Core competencies | p. 5 |
| Benefits and costs of outsourcing | p. 6 |
| Controlling the risks of outsourcing contracts | p. 8 |
| The legal nature of outsourcing contracts | p. 8 |
| Logistics contracts | p. 11 |
| The definition and development of logistics | p. 11 |
| The legal nature of logistics contracts | p. 13 |
| Third-party logistics outsourcing | p. 15 |
| Developments and future perspectives | p. 17 |
| The legal framework of logistics contracts | p. 21 |
| General requirements for developing the activity | p. 21 |
| Contract to Provide Logistics Services: a General Overview | p. 27 |
| Introduction | p. 27 |
| Preliminary acts to concluding the contract: the letter of intent | p. 28 |
| General premises of the contract to provide logistic services | p. 29 |
| Content of the contract to provide logistics services | p. 30 |
| Scope of the contract | p. 30 |
| The logistics platform | p. 31 |
| Exclusivity | p. 32 |
| Obligations of the 3PL provider: the services undertaken | p. 33 |
| Services and requirements | p. 33 |
| Service level agreements | p. 35 |
| Obligations of the customer: paying the price | p. 37 |
| Fixed remuneration system | p. 37 |
| Transactional pricing or unit pricing | p. 37 |
| Activity-based costing | p. 38 |
| Variable remuneration system | p. 38 |
| Cost-plus pricing | p. 38 |
| Gain sharing | p. 39 |
| Payment | p. 40 |
| Non-performance of the obligation to pay | p. 40 |
| Other obligations of the customer | p. 41 |
| Liability | p. 42 |
| Force majeure | p. 45 |
| Insurance | p. 47 |
| Confidentiality | p. 48 |
| Inspection and monitoring | p. 49 |
| Ownership of the merchandise | p. 50 |
| Assignment and subcontracting | p. 50 |
| Personnel | p. 51 |
| Duration and termination | p. 51 |
| Duration | p. 51 |
| Termination | p. 52 |
| Causes of termination | p. 52 |
| Consequences of termination | p. 52 |
| Specific consequences in logistics contracts | p. 53 |
| Data protection and intellectual property | p. 56 |
| Data protection | p. 56 |
| Intellectual property | p. 56 |
| Dispute resolution and governing law | p. 57 |
| Dispute resolution | p. 57 |
| Governing law | p. 59 |
| Rights of relevant transactions | p. 59 |
| Contract to Provide Logistics Services: Carriage of Goods | p. 61 |
| Introduction | p. 61 |
| Carriage of goods by road | p. 62 |
| Introduction: definition and legal regime | p. 62 |
| Scope of application | p. 62 |
| Contractual documentation | p. 63 |
| Liability of the transport company | p. 67 |
| General principle | p. 67 |
| Exoneration from liability | p. 67 |
| Claims and actions | p. 70 |
| Study of the different actions | p. 70 |
| Term to exercise actions | p. 70 |
| Jurisdiction | p. 71 |
| Carriage of goods by sea | p. 72 |
| Legal regulations | p. 72 |
| Determination of the applicable law: scope of application | p. 73 |
| Scope of application | p. 74 |
| International competence | p. 75 |
| Personal and material elements of the contract | p. 76 |
| Personal elements | p. 76 |
| The bill of lading | p. 77 |
| Documents similar to the bill of lading | p. 80 |
| Obligations of the parties | p. 82 |
| Obligations of the forwarder, or the recipient | p. 82 |
| Obligations of the carrier | p. 83 |
| Carrier's obligations prior to the commencement of the trip | p. 84 |
| Carrier's obligations during the voyage | p. 85 |
| Obligations of the carrier once the voyage has been completed | p. 86 |
| Carrier's liability regime | p. 86 |
| Nature of the liability regime established in The Hague-Visby rules | p. 86 |
| Scope of this liability | p. 88 |
| Reporting of the damage and deadline for the exercising of a claim for liability | p. 90 |
| Causes of exoneration from liability | p. 92 |
| Quantitative limitation of the compensatory debt | p. 94 |
| Carriage of goods by rail | p. 96 |
| Introduction | p. 96 |
| Object and scope of the Convention | p. 97 |
| Scope of application | p. 97 |
| Objects accepted on condition or excluded from the carriage | p. 97 |
| Transportation obligation of the railway | p. 98 |
| Tariffs | p. 99 |
| Special conditions concerning certain types of carriage | p. 99 |
| The contract of transport | p. 99 |
| Form and terms of the contract | p. 99 |
| Fulfilling the terms of contract | p. 106 |
| Modification of the contract | p. 109 |
| Conclusion of the contract of transport | p. 112 |
| Liability and actions | p. 113 |
| Collective liability of the railways | p. 113 |
| Presumption in the case of reshipping | p. 114 |
| Presumption of loss of the merchandise | p. 114 |
| Amount of compensation in the case of loss of merchandise | p. 114 |
| Railway liability in the case of shrinkage | p. 114 |
| Amount of compensation in the case of breakage of the merchandise | p. 115 |
| Amount of compensation in the case of a delay in delivery and an accumulation of sums of compensation | p. 115 |
| Liability in sea-railway traffic | p. 116 |
| Liability in the case of a nuclear accident | p. 117 |
| Exercising of the rights | p. 117 |
| Verification of partial loss or breakage | p. 117 |
| Claims, legal actions: procedure and prescription | p. 117 |
| The parties against which a legal claim can be brought | p. 118 |
| Competence | p. 118 |
| Extinguishing of the action against the railway | p. 118 |
| Prescription | p. 119 |
| Relations between railways | p. 120 |
| Settlement of accounts between railways | p. 120 |
| Remedy in the case of loss or breakage | p. 121 |
| Carriage of goods by air | p. 121 |
| Introduction | p. 121 |
| The Warsaw Convention | p. 122 |
| The Montreal Convention | p. 123 |
| Legal status | p. 123 |
| Scope of application | p. 123 |
| Policy goals | p. 124 |
| Major rules | p. 124 |
| Intermodal reality | p. 125 |
| Comparative fault concept to be universal | p. 126 |
| The duty to provide evidence | p. 126 |
| Wilful misconduct | p. 127 |
| Uniform damage limits | p. 128 |
| Calculation of the liability limits | p. 129 |
| Exceptions to carrier liability | p. 129 |
| The written notice of claim requirements has not changed | p. 130 |
| Documentation | p. 130 |
| Legal technicalities are dismissed - the waybill checklist | p. 130 |
| Jurisdiction | p. 133 |
| Actual carrier which is not party to the waybill | p. 133 |
| Countries' reservation | p. 133 |
| Shippers' liability | p. 133 |
| Conclusion | p. 133 |
| Multimodal transport | p. 134 |
| Definition and legal regime | p. 134 |
| United Nations Convention on International Multimodal Transport of Goods 1980 | p. 138 |
| Legal status | p. 138 |
| Scope of application | p. 138 |
| Documentation | p. 138 |
| Liability | p. 138 |
| Time limit | p. 139 |
| Jurisdiction | p. 139 |
| Arbitration | p. 140 |
| UNCTAD/ICC Rules for multimodal transport documents | p. 140 |
| Legal status | p. 140 |
| Scope of application | p. 140 |
| Documentation | p. 140 |
| Liability | p. 141 |
| Time limit | p. 143 |
| Jurisdiction and arbitration | p. 143 |
| Contract to Provide Logistics Services: Warehousing and Resources | p. 144 |
| Introduction | p. 144 |
| Warehousing | p. 145 |
| Obligations of the warehouse owner | p. 145 |
| The obligation of warehousing | p. 145 |
| The obligation to maintain the establishment in the condition it was in prior to delivery | p. 145 |
| The duty of supervision | p. 146 |
| The obligation of preservation | p. 147 |
| Liabilities | p. 149 |
| Personnel | p. 151 |
| Introduction | p. 151 |
| Legal framework | p. 151 |
| Scope of the Directive | p. 152 |
| Application of the Directive | p. 152 |
| The definition of an 'employee' | p. 155 |
| The employer's position in a transfer | p. 156 |
| The employee's position in a transfer | p. 157 |
| The right and obligation of consultation and information | p. 158 |
| Liabilities transferred in undertaking deals under the Directive | p. 160 |
| Transfer of undertakings under suspension of payments and bankruptcy | p. 161 |
| Outsourcing and TUPE: the Suzen case | p. 162 |
| The implication of the ruling for labour-intensive outsourcing contracts | p. 163 |
| The implication of the ruling for asset-reliant outsourcing contracts | p. 164 |
| Service outsourcing contracts | p. 166 |
| Temporary employment agencies | p. 166 |
| Introduction | p. 166 |
| Definitions of temporary employment agency and temporary worker | p. 168 |
| The definition of a temporary employment agency | p. 168 |
| The definition of a temporary worker | p. 168 |
| Temporary employment in some EU countries | p. 169 |
| United Kingdom | p. 169 |
| Spain | p. 170 |
| Insurance | p. 173 |
| Insurance classes and applicable legislation | p. 173 |
| The concept and legal nature of the insurance contract | p. 174 |
| Elements of insurance contracts | p. 175 |
| Personal elements | p. 175 |
| Pecuniary elements | p. 176 |
| Financial elements | p. 177 |
| The policy | p. 177 |
| Other documents | p. 178 |
| Causal element: risk | p. 178 |
| Content of the contract | p. 180 |
| The obligations of the insured | p. 180 |
| The duty to declare the risk | p. 180 |
| Reporting the aggravation of the risk | p. 180 |
| Payment of the premium | p. 180 |
| Notification in the event of a claim and the duty of information | p. 181 |
| The duty to minimise the consequences of a claim event | p. 181 |
| Obligations of the insurer | p. 181 |
| Insurance for damage | p. 182 |
| Concept and classes | p. 182 |
| Insurance of objects | p. 182 |
| Fire insurance | p. 182 |
| Theft insurance | p. 182 |
| Transport insurance | p. 182 |
| Proposed Model of Letter of Intent | p. 184 |
| Proposed Model Contract | p. 186 |
| Tables of Carriage of Goods | p. 202 |
| Analysis of the Logistics Contracts Structure | p. 216 |
| Notes | p. 217 |
| Bibliography | p. 226 |
| Index | p. 230 |
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