Practice question
A consignor hands over high-value cargo, makes a valid special declaration of interest in delivery at destination at that time and pays the required supplementary sum. A loss occurs. The carrier invokes the ordinary per-kilogram limit as unchangeable and ignores the declaration. Which is best?
- Every declaration is legally irrelevant
- Article 22(3) recognizes the declaration mechanism, subject to its terms and proof that the declared sum exceeds actual delivery interest
- A declaration automatically proves every alleged loss without inquiry
- A later oral wish always equals the required declaration
- The ordinary limit is a criminal fine
Legal references
- Montreal Convention 1999, Article 22(3), treaty text in Schedule VI: https://laws-lois.justice.gc.ca/eng/acts/c-26/FullText.html
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