Road Transport

Special Risks There are special risks, which are set out below, the presence of which may exonerate the carrier.  If the carrier shows on the balance of probability, that damage could have been  due to one of these risks, it is presumed that it was so caused.… Read the rest

Carrier’s Period of Liability The carrier is liable under the CMR, for loss and damage arising between the time it assumes control of the goods and the time that it delivers them.  The position is determined in accordance with the contract and the Convention.… Read the rest

Defences for Carrier A number of potential defences are open to the carrier.  The burden of proving that the loss, damage or delay is due to one of the grounds of defence provided for, lies on the carrier.… Read the rest

Disposal in Unanticipated Circumstances The carrier may have a power of sale under local or trade custom where performance or delivery have become impossible in accordance with the terms of the contract.  There is a more limited power of sale in the CMR.… Read the rest

Consignment Note The carriage of goods by road (CMR) Convention requires that a consignment note be issued.  It acts as a receipt for the goods and as evidence of the terms of the contract of carriage. … Read the rest

The CMR Convention The Convention on the Carriage of Goods by Road, in the French language, Convention relative au contrat de transport international de marchandises par route, is commonly known as the CMR.  The Convention was originally entered by nine European countries in 1956. … Read the rest

Consignee may Enforce I If the loss of goods is established or if the goods have not arrived after the expiry of the period provided for, the consignee is entitled to enforce in his own name against the carrier, any rights arising from the contract of carriage.… Read the rest