Guilty of serious misconduct the driver who, having loaded the goods, returned home, where a third party he was putting up steals the vehicle and the goods using a duplicate key he had made whilst borrowing the vehicle.
Misconduct which is defined as gross negligence demonstrating the inability of the carrier to fulfil its charge, which supposes a failure occurs during the execution of the contract. The decision confirms and emphasizes that the injury had its origin in the transport contract.
In this case, the attachment of fault to the transport contract is based on the fact that the driver returned to his home during the execution of the contract.
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