Can I refuse a delivery if the goods don’t match what I ordered?
- 15.06.2026
I run a small transport business in Malta and I was recently transporting goods on behalf of a client when the vehicle was broken into and some of the cargo was stolen. I want to understand what my liability actually is toward my client for this loss, given the theft wasn’t something I could have directly prevented.
Your liability toward your client for the stolen goods generally depends significantly on the specific terms of your contract with them, since a properly drafted transport or carriage contract would typically address liability for loss of goods during transit, including how theft specifically is treated, and whether your liability is limited to certain circumstances, capped at a specific amount, or subject to exceptions for events genuinely outside your reasonable control, meaning reviewing your actual contract terms is the essential starting point before assessing your true exposure for this specific incident. Under general principles of Maltese contract law connected to the Civil Code, Chapter 16 of the Laws of Malta, a carrier generally owes a duty of care regarding the safekeeping of goods entrusted to them during transport, and whether the specific circumstances of this theft, including what security precautions you had taken and whether the vehicle was left in a genuinely reasonable manner given the circumstances, met the standard of care reasonably expected of you would be central to assessing whether you're actually liable, or whether this was a genuinely unavoidable event despite reasonable precautions on your part. Given the potentially significant financial exposure this kind of claim can create for a transport business, and the genuine importance of correctly assessing both your contractual position and whether reasonable care was actually exercised, it would be worth consulting a lawyer experienced in transport and logistics law, and separately checking whether your business insurance covers this kind of cargo loss.
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