Defenses of the career on damage to cargo-Montreal Convention

Q. 1 what defences is available to a carrier in relation to damage to goods?

Montreal Convention, also known as Convention for the Unification of Certain Rules for International Carriage by Air is a treaty which establishes or unifies rules relating to international carriage of passengers, cargo or baggage by air. Article 18 (1) of this convention stipulates that the career is liable for the loss of or damage to goods that may during the transit by air (The Institute of International Commercial Law, 2010). However, Article 18 (2) provides defenses to the career in certain cases. This section exonerates the career from this liability in the event that the loss or damage occurs as a result of inherent defect, quality or vice of the goods. Secondly, the article stipulates that the career will not be liable if the loss or damage results from defective packing of the goods performed by other individuals other than the career or its agents or servants. In addition, the career will not be liable under the Montreal Convention if loss or damage on cargo resulted from an act of war or an armed conflict.

Q2: What if the goods are damaged as a result of a customs examination – is the carrier liable? If not, why not?

The career will not be liable in the event that damage to goods occur as a result of customs examination. Article 18 (2) (b) of the convention stipulates that the career will not be liable in case destruction, loss or damage to cargo occurs as a result of an act of a public authority during the exit or entry of the cargo (The Institute of International Commercial Law, 2010).

References

The Institute of International Commercial Law, (2010), Convention for the Unification of Certain Rules for International Carriage by Air – Montreal, 28 May 1999, Pace University, White Plains, New York