Commentary

55 Liability of ‘contracting’ and ‘actual’ carriers

CARRIERS vol 6(1)B
| Commentary

55 Liability of ‘contracting’ and ‘actual’ carriers

| Commentary

55 Liability of ‘contracting’ and ‘actual’ carriers1

The Guadalajara Convention 19612 draws a formal distinction between the contracting carrier and the actual carrier, and provides rules to ensure that carriers who enter contracts of carriage, whether expressly (directly or through another carrier as agent) or impliedly by virtue of the Warsaw Convention (in its unamended and amended forms)3, will be considered carriers to whom the rules of those Conventions (as modified by the Guadalajara Convention) apply4. With minor changes, the text of the Guadalajara Convention is incorporated into the Montreal Convention of 19995.

The contracting carrier is defined as the person

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