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7 The Special Risks

International Carriage of Goods by Road: CMR

7

The Special Risks

A. THE ONUS OF PROOF

76. The presumption of non-responsibility

The carrier seeking to set up a defence under Article 17.2 must satisfy the usual burden of proof in civil cases1 that the event occurred and that it caused the loss, damage or delay (LDD). However, if the carrier seeks to defend the claim by reference to one of the special risks set out in Article 17.4, the onus of proof is different. It divides into two parts and as to the second part, the burden is unusually light.

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