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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234