Dalhousie Law Journal


Inherent vice, sale of goods, allocation of loss, implied condition


The question of who is to bear the loss from the natural deterioration of goods during shipment to a consignee is one that has caused considerable trouble for Commonwealth courts. Even within Canada, where there has been a certain amount of judicial comment, the issue remains to be finally determined. Moreover, most of the local authority is dated to the extent that it is generally to be found in pre 1930 reports.' This note is an attempt to outline briefly the current state of the law as to the allocation of loss caused by inherent vice in the course of transit and make some suggestions as to the directions in which it might develop.

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