Risk Note

Risk Note, the name sometimes given to the special contract, sanctioned by s. 7 of the Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), but not binding on the consignor unless signed by him and also just and reasonable, exempting a railway or canal company from liability for loss of or injury by their negligence or that of their servants to goods or animals carried by them. Both before and after the decision of the House of Lords in Peek v. North Staffordshire Ry. Co., (1868) LR 10 HL 473, in which it was held, after summoning the judges, that the contracts must be both reasonable and signed, these risk notes have occasioned much litigation; see especially Great Western Ry. Co. v. McCarthy, (1887) 12 App Cas 218, to the effect that by offering alternative rates-a higher rate with the ordinary carrier's liability, and a lower rate with exemption from liability-a company may exempt themselves from all liability except for wilful is conduct, Sutcliffe v. G.W.Ry., (1910) 1 KB 478.