Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 162

Carrier only liable for proven amount for certain goods

    (1)     If—

        (a)     a person gives schedule 2 packaged goods to a common carrier for transport; and

        (b)     the person declares the nature and value of the goods in accordance with this division; and

        (c)     the person pays, or agrees to pay, any increased charge mentioned in section 160 (1) that is asked for by the carrier for the transport of the goods; and

        (d)     the carrier receives the goods for transport, but the goods are lost or damaged;

the carrier is liable for not more than the proven amount for the goods.

    (2)     Subsection (1) has effect despite the declaration of the value of the schedule 2 packaged goods or the acceptance of the declared value by the common carrier before or at the time the goods were accepted for transport.

    (3)     In this section:

"proven amount", for goods, means the lesser of the actual or declared value of the goods.



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