ABSTRACT
The CMR provisions as to liability of the carrier for loss, damage or delay are to be found in Articles 17 and 18. The carrier's liability does not therefore only begin with the carriage proper. It commences from the moment when the goods have been handed over, either to the carrier himself or to his agent who is entrusted with their receipt. Delivery, in general terms, is the handing over of possession to another party. Where the loss, damage or delay is caused by the wrongful act or neglect of the claimant, the carrier will be relieved of liability. Where the loss, damage or delay is caused by inherent vice of the goods, again the carrier will be relieved of liability. Traffic conditions as such will rarely assist the carrier under the proviso to Article 17(2), since the need to take evasive action is a foreseeable risk in modern traffic conditions.
