The Expected Perils

A common carrier is not liable for any accident where he can show that it is due to natural causes directly and exclusively, without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to be expected from the carrier. The Queen’s Enemies: In English law, where loss is occasioned by armed forces at war with the United Kingdom. It should be noted that for the purposes of modern law, injury to the goods caused by robbers or through a riot is not within the exception. Neither are the acts of terrorists.  Other jurisdictions will have similar wording covering warlike action against the state. Inherent Vice: This is where the goods, by reason of their own inherent qualities are lost without negligence by anyone. The implied liability of a common carrier does not include responsibility for ordinary wear and tear in transit, ordinary loss or deterioration in quality or quantity such as evaporation or loss or damage through insufficiency of packing. The carrier’s knowledge of the insufficiency of packing when the goods are delivered to him does not prevent him relying on this ground as a defence. However, account should be taken of the carrier’s contractual and statutory obligations, e.g. the warranty of seaworthiness/duty to use reasonable care/obligations arising under the Carriage of Goods by Sea Act 1971, or the Merchant Shipping Dangerous Goods Regulations 1981. If the damage is caused by the goods not being properly packed, as we have said above, the carrier is not liable. Similarly, if loss is caused by inaccurate addressing or fraudulent practice by the consignor, then the carrier is not liable.