chapter  3
5 Pages

Carrier’s liability for third parties

ByAndrew Messent, David A. Glass

The general aim of Article 3 of CMR Convention is to ensure that the carrier will remain personally liable where he has delegated the performance of any of his duties to a third party. At common law a carrier would similarly be liable for the actions of his servants as a question of vicarious liability, and on general agency principles would also be liable for the actions of his agent acting on his behalf in relation to transport operations. Article 3 provides that the carrier will be liable for the acts and omissions of his servants, agents and other persons, where any act or omission of the latter has been performed while acting within scope of their employment, so where an act or omission has occurred outside the scope of such employment the CMR carrier will not be liable for it under Convention.