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. Numerous other countries have now acceded to the Convention and have legislated for it. The Convention was largely […]
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. It is not a document of title. The absence of a consignment note does not affect the validity of the contract of carriage. However, […]
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. Where loss and damage occur to goods while the carrier is responsible for them, it is […]
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. If the goods are perishable and their condition warrants such a course or where the storage expenses […]
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. The claimant may then rebut this presumption, by proving that the loss or […]
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. Presumptively, the person named as consignee in the consignment note, may enforce the […]
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. If the carrier can show that it did not cause the loss or damage, such as where it was inevitable, then he […]