Lecture 4 on “Carriage of Goods”

LAW 208 – Laws on Partnership, Sale and Carriage of Goods

• Regulatory Laws of Carriage of Goods by Air

International

• The Warsaw Convention for the Unification of Certain Rules Relating to

International Carriage by Air, 1929;

• The Hague Protocol of Warsaw Convention, 1955;

• The Montreal Protocol No. 4, 1975;

• The Montreal Convention for the Unification of Certain Rules Relating to

International Carriage by Air, 1999.

National

• The Carriage by Air Act, 1934.

• Air Consignment Note/ Air Waybill

Every carrier has the right to require the consignor to make out and hand over to him an
air consignment note. The absence, irregularity or loss of this document does not affect
the existence or the validity of the contract of carriage. It shall be made out by the
consignor in three original parts and be handed over with the goods.
Particularsof the Air Consignment Note:

• The place and date of its execution;

• The place of departure and of destination;
• The ag reed stopping places, however, the carrier may reserve the right to alter the
stopping places;
• The name and address of the consignor;
• The name and address of the first carrier;
• The name and address of the consignee;
• The nature of the goods;
• The number of the packages;
• The method of packing;
• Particular marks or numbers upon them;
• The weight and quantity of the goods;
• The apparent condition of the goods; and
• The date and place of payment.

• Carriers Liability for International Carriage

The carrier is liable for any destruction, loss or damage to the cargo if the damage
sustained took place during the carriage by air. The carrier is liable for damage
occasioned by delay in the carriage of cargo bas well.

In case of loss or damage or delay of cargo, the weight to be taken into consideration in
determining the liability of the carrier that shall be the total weight of the package or
packages concerned. However, if the part of the cargo is lost or damaged but it affects
the total value of the packages covered by the same consignment, the total weight of
such package or packages shall be taken into consideration in determining the limits of
liability.

Nevertheless, the carrier is not liable, if he proves that the destruction, loss or damage to
the cargo resulted solely from one or more of the followings: -

• Inherent defect, quality or vice of the cargo;

• Defective packing of the cargo performed by a person other than the carrier or
servants or his agents;

• An act of war or an armed conflict;

• An act of public authority;

• The carrier is not liable if he proves that he has taken all necessary measures to
avoid damages;

• If the carrier proves that the damage was contributed by the aggrieved party, he
may be partly relieved of his liability.

• Consignor’s Liability

The consignor is responsible for the correctness of the particulars and statements
relating to the goods which he inserts in the air consignment note. Moreover, the
consignor will be liable for all damages suffered by the carrier by reason of any
irregularity, incorrectness or incompleteness of the said particulars or statements.

• Complaint and Other Proceedings

In case of damage, the consignee must complain to the carrier within 14 th days from
the date of the receipt of the cargo. In case of delay, the complaint must be made
within 21 days from the date of disposal of the cargo.

Every complaint must be made in writing. No action shall lie against the carrier if
there is a failure to make such complaint with in the time specified, except fraud. An
action for damages must be brought at the option of the plaintiff, in the territory of
one of the contracting parties.

The rules of procedure shall be governed by those of the Court where the case is
preferred. The right to damages shall be extinguished if an action is not brought
within 2 years from the date of arrival of the cargo at the destination.

*Good Luck*