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Which events count as excepted causes that can excuse a carrier from liability under common law?
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Carriage of goods
Justinian I, detail of a 6th-century mosaic at the Church of San Vitale, Ravenna, Italy.
Under common law, carriers are generally liable for the loss of or damage to goods in their possession. However, they may be excused from this liability if they can prove the damage or loss resulted from specific excepted causes.1
These excepted causes include:
- Acts of God: Natural forces so unexpected that they could not have been anticipated through human foresight or skill.1
- Acts of enemies of the crown: Actions taken by enemy soldiers during wartime or by rebels during a civil war; notably, this does not include riots or strikes.1
- Fault of the shipper: Any negligent act or omission by the shipper, such as improper packing.1
- Inherent vice of the goods: A latent defect or default within the goods themselves that leads to their own injury or destruction.1
- Fraud of the shipper: Providing an untruthful statement regarding the nature or value of the cargo.1
In maritime transport, additional excepted causes include perils of the sea and jettison—the intentional sacrifice of goods to protect the ship and remaining cargo. Even if an excepted cause is present, a carrier remains liable if their own negligence or misconduct contributed to the loss.1