Cargo Liability

AuthorJohn D. Holding
Chapter 5: Cargo Liability
1) General
The basic cargo liability provisions of the Montreal and Warsaw
Conventions are essentially the same. The carrier is liable for
destruction, loss of, or damage to cargo if the event causing the
same took place during the carriage by air.1
An issue has arisen as to who has the right to sue the carriage
to cargo. The Conventions make frequent reference to the rights
given to the consignor and consignee named in the air waybill,
such as the right of disposition of the cargo and right to delivery,
and the right to sue successive carriers. In George Straith Ltd. v. Air
Canada,2a British Columbia case, it was argued that the owner of
the cargo not named in the air waybill had no right to sue. The
court followed the United Kingdom decision in Gatewhite Ltd. v.
Iberia Lines Areas de Espana3in holding that the rights expressly
given to the consignee and consignor did not deprive the owner of
1 Montreal Convention, art. 18, para. 1; Warsaw Convention, art. 18(1).
2 [1991] B.C.J. 2688 (S.C.).

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT