Zeszyty Naukowe Uniwersytetu Szczecińskiego. Problemy Transportu i Logistyki

In the article the author points out that Article 3 CMR, which regulates a carrier’s liability for his agents and servants and any other persons of whose services he makes use does not change the general principles of the carrier’s liability set out in Article 17 and ff. CMR. This provision, however, remove doubt as to the admissibility of the delegation by the carrier any of his duties to a third party. Furthermore – in conjunction with Article 29 (2) – it allows to recognize a carrier as guilty of wilful misconduct or equivalent default if the wilful misconduct or default is committed by the agents or servants of the carrier or by any other persons of whose services he makes use. Although this applies to a situation in which agents or servants or other persons are acting “within the scope of their employment”, however this expression must be understood very broadly. In particular theft of the goods by a servant is in the course of servant’s employment, because normally it is part of his employment to take care of the goods.