CMR: Contracts for the international carriage of goods by road

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Carrier’s liability for third parties

Carrier’s liability for third parties

3.1 As has already been seen in relation to Article 1, it will often be the case that the party with whom the cargo interests contract for the carriage will arrange for a third party to carry out all or part of the carriage. Further, there may be ancillary services in relation to the road carriage, such as loading the goods or dealing with customs formalities, which the carrier arranges for a third party to perform. The general aim of Article 3 is to ensure that the carrier will remain personally liable where he has delegated the performance of any of his duties to a third party. 3.2 Article 3 provides as follows:

For the purposes of this Convention the carrier shall be responsible for the acts and omissions of his agents and servants and of any other persons of whose services he makes use for the performance of the carriage, when such agents, servants or other persons are acting within the scope of their employment, as if such acts or omissions were his own.

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