Carriage of goods by air
Produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court
Carriage of goods by air

The following Commercial practice note produced in partnership with Quentin Tannock of 4 Pump Court and James Watthey of 4 Pump Court provides comprehensive and up to date legal information covering:

  • Carriage of goods by air
  • Common law
  • Contract and negligence
  • Bailment
  • Is an air carrier a ‘common carrier’?
  • Measure of damages
  • International conventions
  • Enactment into the law of the United Kingdom
  • Working out which convention applies
  • Principles of interpretation
  • More...

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.

Carriers of goods by air may be liable under:

  1. common law

  2. international conventions

  3. EU regulations

This Practice Note provides an introduction to a large and complex topic that is dealt with in detail in Shawcross & Beaumont: Air Law. The focus on this Practice Note is on the common law and to a greater extent, to the conventions governing international carriage by air.

Common law

At common law, a carrier may be liable:

  1. on the basis of express or implied terms in the contract of carriage

  2. as a bailee of the goods

  3. in negligence and/or as occupiers

Contract and negligence

Normal contractual and negligence principles will need little further explanation in this Practice Note. Examples of claims include loss, damage or delay to cargo caused by:

  1. the aircraft being unfit for the carriage of the

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