Cargo Liability

• Author: John D. Holding, John S. Hoff
• Pages: 65-75

[65 ]

Chapter 5: Cargo Liability

A. AMBIT OF 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.