Carrier liability for the carriage of goods

Under Article 17(1) of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the carrier is liable for total or partial loss of the goods or for damage to them between taking them over and delivering them. The Convention also specifies circumstances in which the carrier is relieved of liability.

Where several carriers are involved, a carrier that has paid compensation under the Convention may recover the principal sum, interest and costs from the carriers that performed the contract, on the terms laid down in Article 37. Under Article 34, where successive road carriers carry goods under a single contract, each assumes responsibility for the entire carriage. The second and subsequent carriers become parties to the contract by accepting the goods and the consignment note, on the terms stated in that note. Article 37 entitles a carrier that paid compensation under the Convention to recover the principal, interest and costs from the participating carriers. Under point (a), the carrier responsible for the loss or damage must ultimately bear the compensation alone, whether it paid the injured party itself or another carrier did so.

Under Article 39 of the Convention, a carrier facing a recourse claim under Articles 37 and 38 cannot dispute the justification for the payment made by the carrier seeking recourse where compensation was fixed by a court judgment, provided it received timely notice of the proceedings and had an opportunity to intervene.

If you have a legal issue concerning the carriage of goods, consult a lawyer who practises in this field.