Award N°1167 – Carriage of bagged rice under bill of lading – Cargo loaded in winter in China bound to West Africa coast – Wet damages – Letter of guarantee giving jurisdiction to the CAMP. The sweat having caused the damage resulted from the difference of temperatures, it does not constitute an excepted case, because, to be exempted from liability, the fact that generates the situation must be unforeseeable and irresistible. The liability of the carrier had to be diminished because the risk was known to all those involved in the venture ; cargo interests being professional rice traders actually knew the risk taken by a chilled cargo loaded for a tropical country.
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