Are the conditions suitable, or do standard terms need to be re negotiated or supplemented?
If the carrier has a “per kilo” limit, is this acceptable both in terms of its value and as a formula for assessing the carrier liability? As stated above the Hague Visby Rules contain an option to calculate the carrier’s liability on a “per package” basis. Would such an alternative be practical and worth inserting where the carriage does not involve sea carriage? Under the CMR Convention the carrier loses the right to limit liability altogether if he, his servants, agents or any other person of whose services he makes use to perform the carriage are guilty of wilful misconduct. Unfortunately the CMR Convention leaves open to the Court seized of the case to decide whether particular conduct amounts to “wilful misconduct”. This produces substantially different results depending on the jurisdiction and which national law is being applied and therefore leads the parties to rush to obtain the most beneficial jurisdiction by issuing pre-emptive proceedings. In order to avoid this certain ac
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