Cargo Liability

AuthorJohn D. Holding, John S. Hoff
[65 ]
Chapter 5: Cargo Liability
1) General
The basic cargo liability provisions of the Montreal and Warsaw Con-
ventions 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 international carriage by air. The carrier is also liable for dam-
age to cargo occasioned by delay in the carriage by air.1
a) Occurrence or Event
It is submitted that, when cargo has been received by the carrier in ap-
parent good condition and either lost or delivered in d amaged condi-
tion, absent inherent defect or defective packing, it should be inferred
that the loss or damage was caused by an occurrence or event which
took place during the carriage by air.
It should be noted that the above cargo liability provisions do not
make use of the ter m “accident” which is used in the liability provi-
sions for passenger injury liability. Liability to passengers is limited to
death or injury “caused by accident,” and “accident” has been def‌ined
as an “unexpected or unusual event.” (See Chapter 3 Section A(1)(a).)
1 Montreal Convention, Art. 18, pa ra. 1; Warsaw Convention, Art. 18(1) and 19.

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