Webber v Sierra Leone Railway (1 of 1926) [1926] SLSC 1 (15 November 1926)


Carriers - common carriers - limitations on liability- "owner's risk"
clause in consideration of reduced rates enforceable if carriage at carrier's
risk also offered at reasonable alternative rate: When the consignor of
goods, in consideration of a pecuniary benefit, voluntarily agrees in
writing to exonerate the carrier from any liability for the loss of or
damage to the goods unless caused by the misconduct of the carrier's
servants, this contract may be enforced as just and reasonable if the
consignor was bona fide offered the alternative of sending his goods at
the carrier's risk at a reasonable, though higher, rate; the additional 10%
charged by the Sierra Leone Railway for the carriage of goods at the
Railway's risk is just and reasonable.

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