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No. 269 (pp. 310-311). 5- 565454 Gr{Jn/ors 66 CHAPTER IV (3) stated by the consignor. g. s For the concept of damage in the sense of Article 10 includes such different cases as Customs fines imposed because of incorrect description of the goods and damage caused by the goods to aircraft or property of the carrier or of other cargo owners, owing to the fact that the carrier was not informed about the true nature of the goods. 9 d. According to Article 1 (3), the carriage is "performed" by the carrier, c£.

No. 18o (p. 134). As to the standpoint of Coquoz, see further infra (3) and (6). n u 38 CHAPTER III (2) arguments put forward by Shawcross ing to a statement by Beaumont, this reasonable. e. the question of who has the status of carrier in relation to passengers and shippers, but the wording sometimes also covers the first main problem, that concerning the relationship between the aircraft owner and the charterer. One reason for the standpoint here dealt with might be that, as Litvine points out, according to Article 30 of the Warsaw Convention, referring to successive transports, the carrier need not be a person who was also a party to the contract of carriage.

In consequence, it is a highly justifiable supposition that the concept of carrier does not vary from article to article but has a uniform meaning throughout the Convention. (3) The various functions of a carrier within the meaning of the Warsaw Convention may be briefly described as follows. a. The carrier is one of the two parties to the transport agreement, the other being the passenger or shipper. As far as the transportation of goods is concerned this is obvious from the fact that the carrier issues the air consignment note, Articles 5-g, and this document is prima facie evidence of the conclusion of the contract, Article 11 (1).

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