Ridsdale Transport Ltd. v. Transwest Air

In Carriage of Goods by Road/Rail on (Updated )

This case involved the carriage of a drum clearly marked as containing dangerous goods along with other food cargoes. Upon arrival at the destination it was discovered that the contents of the drum had leaked contaminating the food cargoes. The carrier sought indemnification from the shipper and relied, inter alia, on the shipper’s implied warranty that goods were safe for carriage. However, the trial Judge held that the carriage of dangerous goods was governed by the express provisions of the bill of lading and the uniform conditions of carriage. Because the shipper had fully disclosed the contents of the drum to the carrier prior to carriage, the trial Judge held that the shipper was not liable.