The Carriage of Goods and the Liability of Air and Sea Carriers Chapter 3 © 2017 ishik university commercial

History of the transportation

Earliest Roads The Earliest roads transported people and goods. People walked or used animals. Roads were tracks or traces that often used or paralleled game trails. One example that still exists in the US is the Natchez Trace. This is a picture of a sunken part of the Trace. The Earliest roads transported people and goods. People walked or used animals. Roads were tracks or traces that often used or paralleled game trails. One example that still exists in the US is the Natchez Trace. The Natchez Trace is a historical path that extends roughly 440 miles from Natchez, Mississippi to Nashville, Tennessee, linking the Cumberland, Tennessee and Mississippi rivers. It was created and used for centuries. It was used by paleo Indians (12,000-8,000 BC), Native Americans, and was later used by early European and American explorers, traders and emigrants in the late 18th and early 19th centuries. Portions of the trace are deeply eroded due to years of travel. In some areas near Jackson, Mississippi, the sunken or old trace is as much as 6 feet lower than surrounding land. This is a picture of a sunken part of the Trace.

How it all began… 1662: Blaise Pascal invents the first public bus - horse- drawn, regular route, schedule, and fare system 1740    Jacques de Vaucanson demonstrates his clockwork powered carriage 3500 years before christ (BC): The invention of the wheel 2000: BC Horses are domesticated and used for transportation 181-234: The wheelbarrow is invented 770: Iron horseshoes improve transportation by horse

History of Transportation Before the year 1750

How did they travel? Not everybody could afford to travel they travel with carriages, with very bad comfort  carriages had no suspension need much time, because of slowly transport  very bad traffic-routes

How often and why did they travel? they travel rare, because of the high costs They don´t travel for fun, but to search a job some worked for a time for people with carriages, to travel with them

Shipping and Trade One of the most important means of transport in 1750 was shipping In 1750 shipping were mostly used for trading, merchants were able to export goods to other continents. The ships in 1750 were not constructed to take people and people couldn´t afford it to go by ship, so the seaways were mainly used by merchants

Connection of the steam engine & the history of transportation Later inventors used the steam engine to develop the steam- diesel- engine which was used to power a locomotive

Modern international air transport There is no single international liability treaty governing multimodal transportation for passengers or cargo A patchwork of potentially applicable regimes exists from Warsaw Convention 1929 through to Montreal Convention 1999 In principle, the air carrier’s rules only apply to carriage by air

Warsaw Convention 1929. The first international air convention, the "Convention for the Unification of Certain Rules relating to International Carriage by Air", was signed in Warsaw in 1929 (As its title suggests, the convention is aimed at unifying the rules on international carriage by air. According to Article 1 (1) the Warsaw Convention 1929 "applies to all international carriage of persons, luggage or goods performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking

Air transportation Air transportation is increasingly gaining in importance, both in terms of its contribution to global trade and in terms of its development dimension. Although in terms of weight, air carriage accounts for only around 2% of all cargo moved at the global level, in

Definition of o Contract of Carriage and Classification of Carriers : In the commercial life of any country, the need for carrying goods from one place to another cannot be overemphasised. Also, goods are to be moved from one country to another. For these purposes, a contract of carriage is to be entered into. The persons, organisations or associations which carry goods are known as carriers. Goods may be carried by land (including inland waterways), sea or air. Accordingly, the law relating to carrying of goods is contained in the following enactments

What is Carrier ? Carrier The carrier is the person that undertakes to move something from one place to another in exchange for a price called freight. It can be in the case of air transport, an airline company or international carriage company

Common Carriers. The Carriers Act, 1865 defines a common carrier as any individual, firm or company (other than the government, who or which transports goods as a business, for money, from place to place, over land or inland waterways, for all persons (consignors) without any discrimination between them. A carrier must carry goods of the consignor for hire and not free of charge in order to be called a common carrier. Further, he must be engaged in the business of carrying goods for others for money from one place to another. A person who carries goods occasionally or free of charge is not a common carrier. Furthermore he is bound to carry goods for all persons (consignors) without any discrimination provided:

Consignor + consignee The consignor or the seller (owner of the goods) is the person or firm who delivers a consignment to a carrier for transporting goods to a consignee. The consignee or the buyer (future owner of the goods after payment) is a party named by the consignor in transportation documents (as the AWB) to whose order a consignment will be delivered at the port of destination.

Misdelivery of Goods - Responsibility? Carrier is liable for misdelivery of goods

Obligation of carrier The carrier needs to give notice to the consignee as soon as the goods arrive. At delivery, the consignee must pay any charges due and comply with the conditions of carriage set out in the air waybill. If the carrier admits that the goods are lost, or if the goods have not arrived after seven days from the date on which they ought to have arrived, the consignee is entitled to enforce his rights under the contract of carriage, namely, seek damages against the carrier.

Obligations of the Carrier Obligations of the Carrier Under the contract of carriage by air, the carrier has the fundamental obligation to receive goods and transport them by air to an agreed place and at the agreed time, in addition to deliver the goods to the consignee in the same condition they were received.

The Warsaw Convention 1929 The Warsaw Convention 1929 was negotiated at a time when commercial flying was at its beginning. Two major considerations shaped the liability regime laid down by the Warsaw Convention 1929. On the one hand, it was seen necessary to protect air carriers (which at the time were mainly state- owned) from open-ended liability in case of damage to or loss of cargo or baggage and injury or death of passengers.16 On the other hand, shippers and passengers needed to be reassured that if something went wrong they would have an effective remedy against the carrier and be compensated.

Liability for damages Warsaw Convention and the Montreal Convention of 1999, recognizes that there is a liability regime to be applied as provided for in paragraph 22, subsection 2 “In the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.

The Way to claim for damages First, in case of damage or delay to cargo, the person entitled to delivery or the claimant, must complain in writing to the carrier after the discovery of the damage, and within a specified number of days from the date of receipt in case of damage, or from the date on which the cargo should have been delivered in case of delay.

Way compensation to be paid The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.

Contributory Contributory negligence of the claimant. Under all of the international air conventions, the carrier is wholly or partly relieved from liability if he proves that negligence on the part of the claimant caused or contributed to the loss, damage, or delay in question. There are, however, some differences between the relevant provisions in the various international air conventions.