Jane Doe hired Mr. John Doe to transport her goods from Mombasa to Nairobi under a contract signed by both Ms. Jane Doe and Mr. John Doe.
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s. Jane Doe hired Mr. John Doe to transport her goods from Mombasa to Nairobi under a contract signed by both Ms. Jane Doe and Mr. John Doe. Both parties attested in their own handwriting a clause that read ‘Goods Carried at Owner’s Risk’. Since Mr. John Doe did not have a lorry big enough to transport the goods, he outsourced Mr. Bee Cee to transport the goods using Mr. Bee Cee’s lorry. In the course of transit, the lorry overturned causing damages and loss to the goods. Ms. Jane Doe has brought an action against Mr. Bee Cee, claiming damages and the value of goods. In his defence, Mr. Bee Cee argues that he was covered by the clause reading, ‘Goods Carried at Owner’s Risk’.
a. Advise Mr. John Doe and Mr. Bee Cee as to their legal rights in the dispute with regards to the law of carriage of goods.
Advise Ms. Jane Doe of the legal remedies she might possibly seek.
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Differentiate between a Free on Board (F.O.B) contract and a Cost, Insurance and Freight (C.I.F) contract.