Damage

The CMR is silent on the rules governing the formation of contracts of carriage. The court applies the appropriate rules of national law. For the relevant rules of English law, see 201 et seq.

22. The consignment note

No particular form is required of the contract of carriage.1 However, Article 4 of the CMR does require the issue of a consignment note, which functions as a receipt for the goods, and as evidence of the contract of carriage, but has no role as a document of title. Article 4 continues:

The authors of the CMR considered that it was unrealistic to expect the road transport industry to issue a consignment note in all cases, and that it was not practicable to seek to enforce any such requirement with penalties.4 Although a consignment note is not essential, its absence may cause difficulties. First, in the absence of a single document covering the entire movement, a claimant may have difficulty in persuading a court that the carriage is international in the sense required by Article 1.1; it may, for example, enable the first carrier to disclaim responsibility for what occurs on later stages.5 Secondly, if the CMR applies to a

1. Lg Bremen 6.5.65 (1966) 1 ETL 691, 696. 2. (1972) 7 ETL 1040. For an example of an ‘‘irregular’’ consignment note see Brussels 16.11.77

(1978) 15 ETL 319, 330 where the court applied Art 4 in respect of an air waybill badly adapted for use in road transport.