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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Proceedings against carriers

276: No notice required if carrier is or ought to be aware of damage or loss or in case of fraud

You could also call this:

“No need to tell carriers about damage they should know about or if they're dishonest”

You don’t need to tell the carrier about damage or partial loss if it’s clear that they already know or should know about it. This means that if the situation makes it obvious that the carrier is aware or should be aware of the problem, you don’t have to give them a special notice. Also, if the carrier has done something dishonest, you don’t need to give them a notice either. This rule applies to the notices mentioned in sections 274 and 275.

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Topics:
Business > Fair trading Business > Industry rules Money and consumer rights > Consumer protection
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275: Notice of claim against actual carrier must be given within 10 days, or

"Tell the carrier quickly if someone claims their goods were damaged or lost"

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277: Non-notified proceeding may be brought with carrier’s consent or leave of court, or

"You can sue a carrier without giving notice if they agree or if the court allows it"

Part 5 Other commercial matters
Carriage of goods: Proceedings against carriers

276No notice required if carrier is or ought to be aware of damage or loss or in case of fraud

  1. A notice is not required to be given to a carrier under section 274 or 275—

  2. if it appears from all the circumstances of the case that the carrier is or ought to be aware of the damage or partial loss; or
    1. in the case of fraud by the carrier.

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