Commentary

4.1 The general legal position

CARRIERS vol 6(1)B
| Commentary

4.1 The general legal position

| Commentary

4 Liability of private carriers

4.1 The general legal position

The private carrier of goods (including goods carried ancillary to a contract for the carriage of passengers) is a bailee for reward1. There is liability at common law for loss, damage or delay that arises from negligence2, or intentional wrongdoing3, and this extends to liability for the acts of the carrier’s employees in the course of their employment4. The precise scope of this liability is governed by the general rules on vicarious liability. These have recently developed to extend liability beyond employees in the strict sense to those who can be

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