ABSTRACT
The CMR contemplates that goods will be taken over by the carrier and delivered to the consignee, and implies that a journey will occur in between; but CMR has little to say about any of these matters,1 although they are essential to any contract of carriage and central to the liability of the carrier: the carrier is liable under Article 17.1 of the CMR for loss or damage occurring between the time of taking over and the time of delivery.2 These are matters for the contract nonetheless but matters left largely to the agreement of the parties.3 Likewise, if the carrier fails to take over the goods at all, that is a breach of the parties’ contract and the consequences are governed not by the CMR but by national law.4
