The effects of the breach of the domestic and international road transportation s contract of goods by carrier.
Subject Areas : Journal of Law and Politics
1 - ندارد
Keywords: Carrier, Liability, Specific Performance, Compensation, Transportation, Breach,
Abstract :
According to commercial code and CMR convention, the domestic and internationalcarrier of goods by road is liable for making any destruction, loss or defect of goodsand damages because of delay in carrying goods to the named destination. However,they are silent concerning the liability of the carrier if he refuses carrying the goodsor delivering them .Considering the general principls of law governing contracts, itseems that the carriers may be also liable when they refuse to carry or deliver thegoods. The legal effects of the carrier,s liability are not the same in all circumstancesand a distinction should be made for various types of liability. In case of loss, waste,defect and delay in delivery,the carrier has the responsibility of paying the price ascompensation and in relation to refusal of carrying or not delivering the goods,thecarrier will be bound to do so as it is a binding contract. Nevertheless, in some casesthe carrier does not have liability regarding the consequences. When the carrier mayenjoy the right of revocation of carriage contract and he/she, by application of thisright, refuses carrying the goods, the carrier can not be bound to perform theobligation as his own responsibility. This is also true in case of no responsibilityclause, the existence of defect in the goods ,hazards resulting from the nature ofgoods interference by a third party,s action, the error of the transmitter of goods,damage due to erroneous instruction of the sender or receiver of the goods andoccurrence of force majeures where the carrier is not bound to pay compensation.