Contract and Commercial Law Act 2017

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Part 5 Other commercial matters

Subpart 1—Carriage of goods

Overview

241 Overview

(1)

This subpart provides for the liability of carriers for the loss of or damage to goods carried within New Zealand as follows:

(a)

sections 242 to 247 determine that the subpart governs liability in relation to the domestic carriage of goods (other than postal services and other specified exceptions), contain definitions, and determine when contracting out is permitted:

(b)

sections 248 to 260 set the core principles for that liability by—

(i)

dividing contracts of carriage of goods into 4 kinds of contract for liability purposes (with the default position being that carriers have limited liability up to a statutory cap):

(ii)

determining when a carrier is responsible for goods for liability purposes:

(iii)

setting statutory caps and exclusions from liability:

(c)

sections 261 to 273 set out additional rules for the liability of carriers, including—

(i)

providing for the liability of actual carriers to contracting carriers and how that liability is apportioned between actual carriers (see sections 261 to 265):

(ii)

implying into every contract of carriage a statutory warranty by contracting parties as to the condition of the goods, including that the goods are fit to be carried and stored in accordance with the contract (see section 273):

(d)

sections 274 to 281 set notice requirements, and a 12-month limitation period, for bringing proceedings against carriers:

(e)

sections 282 to 292 provide for the rights of carriers to sue to recover amounts of freight payable and exercise liens over goods:

(f)

sections 293 to 295 contain miscellaneous provisions.

(2)

This section is only a guide to the general scheme and effect of this subpart.