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Civil Law (Wrongs) Act 2002
166Carrier only liable for proven amount for certain animals
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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.
proven amount, for an animal, means the lesser of the actual or
declared value of the animal.
Division 11.2.5 Notice, condition or declaration of
carrier