Part 5
Other commercial matters
Carriage of goods:
Kinds of contract of carriage and effect on liability of parties
249Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind
A contract of carriage is a particular kind of contract referred to in section 248 if—
- it uses the term for that kind of contract referred to in section 248(1); and
- it meets the requirements that apply to that kind of contract under sections 250 to 253.
The kind of contract of carriage to be entered into in a particular case is a matter of agreement between the parties.
However,—
- a contract of carriage that does not purport to be of a particular kind is a contract for carriage at limited carrier's risk:
- a contract of carriage that purports to be of a particular kind but does not meet the requirements that apply to that kind under sections 250 to 253 is instead a contract for carriage at limited carrier’s risk.