Courier’s liability might not be as limited as contract says

$125,508 worth of bank property disappeared
|Canadian Employment Law Today

Conventional wisdom has it that when you sign a contract, you’re bound by all of it, even the proverbial “fine print.” A recent case reminds us, however, that if a contract term is unusual, you or your employees are bound by it only if your attention has been drawn to it specifically.

Last year, $125,508 worth of property went missing while it was in the custody of Purolator, a large courier company, on behalf of the Canadian Imperial Bank of Commerce. The bank brought a lawsuit for the full amount, alleging that Purolator had been negligent in handling the property.

In its defence, Purolator claimed that its liability was limited to $1,766, which it already had paid the bank in compensation.