JOHN CARTER (FINE WORSTEDS), LTD. v. HANSON HAULAGE (LEEDS), LTD.

[1965] 1 Lloyd's Rep. 49

COURT OF APPEAL

Before Lord Justice Sellers*, Lord Justice Davies and Lord Justice Russell

Carriage of goods-Goods stolen with help of carriers' driver-Negligence of carriers in engaging driver-Alleged fundamental breach of contract of carriage-Applicability of exceptions clause in contract- Liability of carrier to consignors-Conditions of Carriage of the Road Haulage Association, Ltd., Clause 7. Carriers-Dishonest driver-Loss of goods in transit-Whether negligence of carriers in engaging driver constituted fundamental breach of contract precluding carriers from relying on exception clause-Liability of carriers to consignors. Contract - Fundamental breach - Whether carriers' negligence in employing dishonest driver and/or their failure to deliver constituted fundamental breach.