ABSTRACT

A.2To conclude a contract the parties must agree essential terms, notably the destination. Certain terms, however, may be settled implicitly, for example, freight charges by reference to standard rates.2 Parties may also adopt or incorporate standard terms, usually those of the carrier. Terms reproduced with commentary in this book include the Road Haulage Association Conditions of Carriage 1998,3 and for rail the Freightliner Conditions 2002 and 20054 and the English Welsh and Scottish Railway Ltd. (EWS) General Conditions of Carriage 2004, as amended in 2007.5 The relevant terms are part of the contract if customers have signed them6

or been given sufficient notice that they are to be part of the contract.7