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CMR: Contracts for the international carriage of goods by road


Page 206

CHAPTER 7

Delay, non-delivery and cash on delivery

Delay

7.1 As has been seen, Article 17(1) imposes liability on the carrier for “any delay in delivery”. Article 19 provides the definition of delay for the purposes of the Convention:

Delay in delivery shall be said to occur when the goods have not been delivered within the agreed time-limit or when, failing an agreed time-limit, the actual duration of the carriage having regard to the circumstances of the case, and in particular, in the case of partial loads, the time required for making up a complete load in the normal way, exceeds the time it would be reasonable to allow a diligent carrier.

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