Paragraph Article 25

The carrier shall not be entitled to avail himself of the provisions of this Schedule which exclude or limit his liability, if the damage is caused by his misconduct, or by such default on his part as, in accordance with the law of the court seised of the case, is considered to be equivalent to wilful misconduct.

Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment.