Reading the new Freightliner Standard Conditions one is reminded of how, many years ago, Corporation Street in the fair City of Birmingham was a one-way street. The tramtrack did likewise, but to the consternation of those not conversant with local custom the Victorian trams careered along in the opposite direction to the rest of the traffic in the middle of the road. One has the feeling that Freightliners are trying to do the same. Till this year British Rail, British Road Services and Freightliners all used common conditions of carriage, and the differences in R.H.A. Conditions were not too great. Now Freightliners have suddenly produced their own distinctive conditions which were issued in August, 1976. This was apparently done with relatively little consultation with users. Such a procedure must be regretted both because their very existence mitigates against the ultimate aim of common conditions of carriage throughout the transport industry and also because they appear to impose a greater degree of liability on the consumer than was so in the past. For this reason a thorough review of the changes now in force seems opportune.

First, cl. 2(a) states that:

“When the Company agrees at the Sender’s request to provide a Container, the same is provided on the basis that throughout the period from the initial receipt until final re-delivery after conclusion of the transit the Sender shall be responsible for the Container in all respects as if he were the owner thereof.”

In other words the sender (who is defined as “any person who directly or indirectly through his agent or as an agent contracts for the services of” Freightliners) is responsible for a Freightliner container even when it is in the hands of Freightliners or their sub-contractors and agents. Exactly what is meant by the proviso that the sender’s responsibility is “in all respects as if he were the owner thereof” is open to debate, but presumably it could lay the sender open to liability for loss or damage to the container while it was subject to the control of Freightliners or their sub-contractors.

Freightliners do not appear to accept the principle that they are contracting with one party only, as the term “Sender” as defined appears to include a carrier, forwarding agent and the shipper of goods, thus enabling Freightliners or their sub-contractors to have recourse against each or all of the latter at their option.

Clause 2(b) requires the trader (which includes the sender, owner/receiver/consignee of the container and/or goods therein) to give Freightliners a receipt when taking possession of the container. If it is unclaused it is prima facie evidence of the good condition of the container. This provision will require careful administrative procedures on the part of anyone using Freightliner containers. Often the person signing does not have the chance of seeing the container, and to inspect the roof is not easy. It therefore seems that recipients would need to clause the receipt “container not inspected” to cover themselves. Also a clean receipt would need to be obtained from Freightliners on returning the container.

* This is the first article by Dr. Hill in what will be a regular feature on “Combined Transport.”