Carrier Liability and Failure to Timely Document Damage

A dispute arose concerning the liability of a transport provider for damage to goods during transit, specifically involving a situation where the damage was evident upon delivery but the recipient failed to issue formal reservations in writing detailing the nature and extent of the loss, as required by the applicable international convention on the carriage of goods by road. The court quashed the lower court's decision, reasoning that the failure of the recipient to make timely and specific written reservations, as mandated by the convention, extinguished the carrier's liability for apparent damage to the goods, as the absence of such reservations prevented the establishment of proof regarding the damage attributed to the carrier during the transport operations.