International Carriage of Goods by Road: CMR




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 principle1 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.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.