41. Misconduct.

The courts lean strongly against carriers seeking to relieve themselves of liability in case of misconduct on the part of their employees1. If a contract purports to relieve a carrier from liability for any 'fault or negligence', the carrier remains liable in case of misconduct2. Misconduct is not necessarily established by proving even culpable negligence3. It is a common term of contracts for carriage 'at owner's risk' that the carrier shall not be liable for loss, damage or delay except upon proof that it arose from the wilful misconduct of the carrier or his employees4.

The onus of proving misconduct