ABSTRACT

This chapter discusses the quantum of the carrier's liability to the cargo interests, which is dealt with by Articles 23 to 29 of the CMR Convention. For most purposes, the fact that the Convention provides for the carrier's maximum liability to be calculated with reference to the number of kilograms short overcomes the problem of pro rata calculations where the limit is based on larger units of weight. Where delay, as defined in Article 19 occurs, if the claimant can prove that damage has resulted therefrom, the carrier will be liable to pay compensation for such damage up to but not exceeding the amount of the carriage charges for the transit in question. Article 25 deals with the question of assessing the measure of damages where goods have been damaged rather than lost. Article 27 provides for a fixed rate of interest of 5".