Essay On Latent Defects

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Inherent defect, quality or vice means a property or attribute which is inseparable from the goods or commodity concerned. This means some defect, which goes with the thing itself and by its development leads to injury or destruction of the thing carried. The best examples are perishables, which have a propensity for natural decay. Ice melts and there is natural wastage of bulk and weight. Similarly, certain liquids are subject to evaporation and there are other commodities, which are subject to spontaneous combustion. Such inherent vice or quality may be harmless as long as the thing is not moved but it may cause injury as soon as the thing is carried from place to place though the carrier uses all reasonable care. In such cases the railway will not become liable if reasonable care has been taken. Proper remark to this effect be obtained from the consignor or his agent in the Forwarding Note. h) Latent defects :…show more content…
In a case where an engine with a shaft was being pulled by horses and the shaft broke and the horses were frightened resulting in damage to the engine, the damage was held to have been caused due to latent defect in the shaft. In another case a tyre of a wheel of a carriage in which a person was traveling broke and the breaking was not attributable to any fault on the part of the manufacturer which could have been detected before the breaking by the usual methods of tests. It was held that the accident was due to latent defect in the tyre and the carrier was not responsible. Latent defect may be either in the consignment itself or in the equipments of transport. If, for example, there is a latent defect in a crane which is used for loading and unloading and the jib of the crane suddenly breaks and the consignment is damaged, it would come under this exception provided the defect was not such which could be attributable to fault manufacture and detectable by usual
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