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Civil Law (Wrongs) Act 2002
162Carrier only liable for proven amount for certain goods
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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
Division 11.2.4 Liability of common carriers for certain animals
(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.
proven amount, for goods, means the lesser of the actual or declared
value of the goods.
Division 11.2.4 Liability of common carriers for
certain animals