TRANSMOTORS LTD. v. ROBERTSON, BUCKLEY & CO. LTD.

[1970] 1 Lloyd's Rep. 224

QUEEN'S BENCH DIVISION

Before Mr. Justice Mocatta

Carriage of goods - Loss in transit - Theft of goods - Carriers' lorry "hijacked" - Driver had previous convictions for theft unknown to carriers - Onus of proof on carriers to show that they had used all reasonable care - Whether carriers liable at common law - Whether conditions in customers' confirmation note or carriers' invoice applicable. Carriage of goods - Pleadings - Practice - Allegations of theft of goods in transit - Notice should be given to defendants in reply to avoid unfairness.