Australian Capital Territory Current Acts

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CIVIL LAW (WRONGS) ACT 2002 - SECT 166

Carrier only liable for proven amount for certain animals

    (1)     If—

        (a)     a person gives an animal to a common carrier for transport; and

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

        (c)     the person pays, or agrees to pay, any increased charge mentioned in section 165 (1) that is asked for by the carrier for the transport of the animal; and

        (d)     the carrier receives the animal for transport, but the animal is lost or damaged;

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

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

    (3)     In this section:

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



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