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May 9, 2026

Carrier Liability for Damage in International Air Cargo Transport: An Analysis of Article 18 of the Montreal Convention with Reference to the Wealmoor Case

Key Points

This analysis explores the interpretation of carrier liability under Article 18 of the Montreal Convention, particularly in light of the Wealmoor case.
Examined recent case law focusing on Wealmoor Ltd v. KLM
Analyzed the broad approach to establishing liability in air cargo transport
Discussed implications for determining risk transfer and liability under CPT and CIP terms.
Courts adopt a broad definition of 'event', expanding liability beyond single accidents
Emphasis on the importance of precise contractual arrangements for risk management in transporting perishable cargo
Recognized need for consistent judicial interpretation regarding the indeterminate concept of 'event'.

Abstract

This study analyzes recent case law on carrier liability under Article 18 of the Montreal Convention, focusing on Wealmoor Ltd v. KLM. It demonstrates that the notion of an “event” extends beyond a single accident to encompass acts or operations during air carriage that cause damage. Courts increasingly adopt a broad approach to establishing liability while allowing flexible apportionment through defenses and contributory negligence. In international trade, particularly under CPT and CIP terms, determining liability depends on identifying the timing of the relevant event, underscoring the distinction between risk transfer and carrier liability. For perishable or live cargo, integrated risk management—through precise contractual arrangements and adequate insurance—is essential. Nonetheless, the concept of an “event” remains indeterminate and requires further clarification through consistent judicial interpretation.

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