ABSTRACT

The law relating to international carriage of goods by road was standardised in 1956 with the Convention on the International Carriage of Goods by Road (CMR). The wisdom of relying on a definition found in domestic legislation is debatable given the international dimension of the CMR and the need to promote uniformity. The consignment note plays an important role in the CMR. It must be in three original copies; the first to be handed to the sender, the second to accompany the goods, and the third to be retained by the carrier. In 2008, an Additional Protocol to the CMR concerning electronic consignment note was adopted that enables the use of electronic consignment note provided the authentication and integrity requirements are met. The defences and limits of liability provided by the CMR are available to the carrier where a claim arising under the contract of carriage is founded extra-contractually – for instance, in tort or bailment.