Common use of Right of recourse Clause in Contracts

Right of recourse. A carrier who has paid compensation pursuant to these Uniform Rules shall have a right of recourse against the carriers who have taken part in the carriage in accor- dance with the following provisions: a) the carrier who has caused the loss or damage shall be solely liable for it; b) when the loss or damage has been caused by several carriers, each shall be liable for the loss or damage he has caused; if such distinction is impossible, the com- pensation shall be apportioned between them in accordance with letter c); c) if it cannot be proved which of the carriers has caused the loss or damage, the compensation shall be apportioned between all the carriers who have taken part in the carriage, except those who prove that the loss or damage was not caused by them; such apportionment shall be in proportion to their respective shares of the carriage charge. In the case of insolvency of any one of these carriers, the unpaid share due from him shall be apportioned among all the other carriers who have taken part in the car- riage, in proportion to their respective shares of the carriage charge.

Appears in 10 contracts

Samples: Cotif/Civ Title Vii Relations Between Carriers, Cotif/Civ Title Vii Relations Between Carriers, Cotif/Civ Title Vii Relations Between Carriers

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