How does a warehouseman's liability for goods differ from a carrier's liability?
In the context of the carriage of goods, the liability of a carrier and a warehouseman differs significantly based on the nature of their role and the timing of their possession of the goods.1
Carrier Liability
A carrierās strict liability applies only during the actual period of carriageāfrom the time goods are received for shipment until reasonable steps are taken to deliver them. In common-law jurisdictions, carriers are generally liable for any loss or damage to goods in their possession unless they can prove the cause falls under specific "excepted causes," such as acts of God, inherent vice of the goods, or fault of the shipper. In civil-law jurisdictions, the carrier acts as a warrantor, bound to make full restitution unless they can prove the damage resulted from force majeure or other specific legal exemptions.12
Warehouseman Liability
When a carrier holds goods before or after the period of carriage, they function as a warehouseman (or bailee). In this capacity, their liability is reduced:1
* Common Law: A warehouseman is treated as an ordinary bailee, liable only for loss or damage caused by their negligence or intentional misconduct.1
* Civil Law: The relationship is typically governed by a contract of deposit, where the depositary is generally liable only for intentional misconduct and negligence.1