The carrier's liability in air transportation of perishable goods

This thesis investigates the growing significance of perishable goods within global supply chains and the legal character of carrier liability in air transport through a three-part analysis. The first chapter defines perishable goods, quantifies their physico-chemical risk profile, and situates their share in world and Turkish trade using statistical data. The comparative speed advantage of air transport—indispensable for maintaining the cold chain—is highlighted against other modes. The second chapter traces the historical evolution and regulatory framework of air-cargo carriage. It contrasts the Warsaw–Hague system with the 1999 Montreal Convention and analyses the Turkish Civil Aviation Act (TSHK) in a comparative perspective, detailing the components of the carriage contract, liability limits and exoneration defences. The third chapter offers an in-depth discussion of carrier liability during the carriage of perishable cargo. Comparative analysis shows that, although most legal systems adopt a strict-liability paradigm, carriers may be exonerated for deterioration arising solely from the intrinsic properties of the goods (inherent vice). In practice, equilibrium is achieved not by transforming the carrier into a de facto insurer, but by testing whether it has fully discharged its duty of reasonable care. Breaches—such as cold-chain interruption or unjustified delay—constitute fault and trigger liability; conversely, where appropriate conditions have been maintained and spoilage is attributable only to the goods' own nature, the carrier is released. The thesis finds that Turkish domestic law likewise embraces a presumption of aggravated fault: TSHK article 123 allows the carrier to escape liability only by proving that "all necessary measures" were taken, mirroring the Warsaw approach. It concludes that fair risk allocation in perishable-goods carriage requires a clear statutory articulation of the carrier's verifiable duty of care, explicit codification of the intrinsic-defect exception, and incorporation of cold-chain technical standards into domestic law—measures essential for both product safety and commercial sustainability.