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Road Transport
25 March 2021 THE INEXCUSABLE FAULT OF THE ROAD CARRIER: A NEW REMINDER OF THE RESTRICTIVE CRITERIA
MARCH 2020, APPEAL NO.: 18-14261 “Reply of the Court : Having found that the trailer had been stolen by a ...
25 March 2021 THE INEXCUSABLE FAULT OF THE ROAD CARRIER: ALWAYS DIFFICULT TO ESTABLISH!
Com., September 25, 2019 appeal : 18-12265 The malfunction of the refrigerating system of the truck allegedly unsuitable for the ...
25 March 2021 THEFT OF THE GOODS WITH CUNNING AND STRATAGEM CONSTITUTES FOR THE CARRIER A CASE OF FORCE MAJEURE
Court of Cassation, Commercial Chamber, 30 January 2019, 17-16604. In the case of a contract of carriage, case law has ...
25 March 2021 INEXCUSABLE FAULT IN TRANSPORT LAW: HIS QUALIFICATION REMAINS EXCEPTIONAL UNDER THE STRICT CONTROL OF MOTIVATION EXERCISED BY THE COURT OF CASSATION
Cour de cassation, chambre commerciale, 13 February 2019, appeal number: 17-28550 Recklessness (the most difficult element to demonstrate) can be ...
25 March 2021 DAMAGE TO THE GOODS WHILE PASSING UNDER A BRIDGE DOES NOT CONSTITUTE AN INEXCUSABLE FAULT FOR A CARRIER
Cour de cassation, chambre commerciale, 11 April 2018, appeal number: 17-12975 In order to “defraud” the liability of the carrier, ...
