Carrier Liability for Loss of Goods During Transport
Synthèse Legislator
Généré par l'IAA case involving the liability of a carrier for the loss of goods during transport, where the claimant alleged the loss resulted from the carrier's fault, led to a dispute over the applicable legal regime concerning the presumption of liability and burden of proof for excusable cause. The court ruled for the claimant, holding that in the absence of proof by the carrier that the loss was due to an enumerated cause of exemption, the general presumption of liability for goods lost in transit remains, and the carrier could not successfully rely on an unproven excusable cause to avoid responsibility.
Regeste Legislator
Généré par l'IACarrier Liability for Loss of Goods During Transport: The court ruled for the claimant, holding that in the absence of proof by the carrier that the loss was due to an enumerated cause of exemption, the general presumption of liability for goods lost in transit remains, and the carrier could not successfully rely on an unproven excusable cause to avoid responsibility.