Unlimited carrier's liability

Abstract

The author in this article analyses unlimited carrier's liability regarding not only to malicious behaviour of carrier in fulfilling obligations from contract of carriage (e.g. causing damage with intent, willful misconduct or recklessly), but also ordinary situation where, despite of non-fulfillment of contract, carrier's liability is limited. The core of this article is concentrated on the explanation of the link between strict carrier's liability and legal importance of degree of carrier's fault in non-fulfillment of contract. The author is on the standpoint that carrier should be liable limited, but not in amount below the value of goods, but in the amount equal to its market value. This liability regime is justified with the fact of high economic power of transport companies and developed technic in traffic and vehicles, which did not exist in the beginnings of modern transport. In the first part of the article is represented the notion of unlimited liability and legal regime of contemporary carrier's liability expressed in strict liability. Then is considered legal importance of carrier's fault in fulfilling contract, and especially the influence of degree of fault on (un)limitation of carrier' liability. Finally, author highlights the number of persons who could be identified with carrier and specifically whose intentional and recklessly action would be resulted in unlimited carrier's liability.

Keywords

• unlimited carrier's liability
• strict liability
• willful misconduct
• recklessness in carriage
• himalaya clause