Practice question
During international carriage governed by Montreal, cargo is damaged while in the carrier's charge. The carrier proves that a separable portion of the damage resulted from defective packing performed entirely by an independent shipper, not the carrier or its servants or agents. Which is best?
- Article 18(2) permits nonliability to the extent the carrier proves the specified packing cause
- All cargo damage is automatically the carrier's unlimited liability
- Packing can never be a treaty defense
- The defense applies only if the carrier itself packed defectively
- The consignee must accept liability for every unrelated loss
Legal references
- Montreal Convention 1999, Article 18(2)(b), treaty text in Schedule VI: https://laws-lois.justice.gc.ca/eng/acts/c-26/FullText.html
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