ABSTRACT
In this chapter, we will examine the means by which the claimant can establish a route of recovery against the defendant in respect of loss or damage to goods in transit.
The claimant will be the party who has ended up bearing that loss or damage. It will usually be a buyer at the end of a chain of sale contracts. It may, however, be a seller if the buyer has defaulted or if the terms of the sale contract vary the usual transfer of risk on loading. It may also be a bank that has financed a purchase under a letter of credit and which has been unable to obtain reimbursement from the buyer.
