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13 Defences

International Carriage of Goods by Road: CMR

13 Defences A. DEFENCES AVAILABLE TO THE CARRIER 236. Contractual defences The carrier’s first line of defence is to seek to undermine the case made out by the claimant, that the carrier is in breach of contract. The second line of defence is to raise one or more of any relevant defences in the contract of carriage. Commonly, the carrier accepts strict liability in principle 1 but subject to a string of defences based on specific excuses. 2 If the carrier establishes that one of these defences caused the loss or damage, the result, with one reservation, is that the carrier is exonerated.

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