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Is delivery of the common carrier to the customs authorities considered as delivery to the consignee so as to end the carrier’s extraordinarily responsibility over the goods?

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barrister

barrister
Reclusion Perpetua

Delivery of the cargo to the customs authorities is not delivery to the consignee or “to the person who
has a right to receive them” because in such case the goods are still in the hands of the government and
the owner cannot exercise dominion over them. However, the parties may agree to limit the liability of
the carrier.

General Rule: The extraordinary diligence of the common carrier over the goods continues even when
the goods are temporarily unloaded or stored in transit.

Exception: when the shipper or owner has made use of the right of stoppage in transitu.

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