International Carriage of Goods by Road: CMR


Defences Available to the Carrier

69. The defences

Apart from a defence in respect of what the carrier may have to do to dangerous goods,1 the carrier’s defences are stated in Article 17.2. The defences are the wrongful act or neglect of the claimant,2 the instructions of the claimant,3 inherent vice,4 and unavoidable circumstances.5 If the carrier establishes6 that the cause7 of the loss, damage or delay (LDD) lay wholly or in part in facts constituting one of these defences, the carrier is exonerated wholly or in part,8 as the case may be. Alternatively, the carrier may resort to a provisional defence by reference to the special risks9 stated in Article 17.4. The main difference with the defences in Article 17.2 is that, if the carrier establishes the operation of a special risk, it is presumed that that was the cause of the LDD and that the carrier is not liable; however, this double presumption may be rebutted by the claimant. As the onus of proof is easier for the carrier, in practice the carrier often tries first to make a defence under Article 17.4 and, if that fails, falls back on Article 17.2. This chapter is concerned with the defences stated in Article 17.2. The special risks are considered in .

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.