Carriage of Goods

Carriage contracts are related to other contracts, so if special rules such as the CRM do not apply, normal contract law will apply.

Basic rules of contract law:

• Party autonomy: carriage law or transport law is to a large extent mandatory law

• Binding force of obligations: they are contained in the contract.

Major exception: carriage law is mandatory to large extent

• Party autonomy limited to:

  • Subjects that do not fall within scope of mandatory law

  • Subjects that fall within the scope but are included in a non-mandatory provision

Mandatory law in carriage law is usually directed towards one party i.e. it usually protects the party that have security rights in the goods or the cargo interest which results in the the carrier more often than not has more and deeper obligations to the carrier.

In order to minimise any uncertainty, it is crucial to draft contracts which set out clear liabilities, obligations or duties of the parties to the contract of carriage of goods. In the event of uncertainty, mandatory law prevails.