Carrier Liability for Lost Goods and Invalid Exemption Clause Based on Non-Applicable Insurance

A dispute arose regarding the liability of a party who contracted to transport goods, after the loss of the goods during transit, where the claimant alleged fault in the execution of the transport contract, while the carrier invoked a contractual exemption clause based on an insurance policy covering the loss. The court quashed the lower court's decision, reasoning that the contractual exemption clause relied upon by the carrier was invalid because the insurance policy it referred to only covered the recipient of the goods, not the carrier, thereby failing to meet the requirement that an exemption clause limiting carrier liability must be mutual or specifically applicable to the carrier's situation, meaning the carrier could not validly exempt itself from liability based on an insurance policy that did not cover it.