Left unattended

Goods in transit term restricting cover when vehicles are left unattended. Whether a vehicle is left unattended is a question of fact. A vehicle was held to be unattended when its driver was in a shop for 15 minutes quite unable to watch over the vehicle. In Starfire Diamonds v. Angel (1962) 2 Lloyd’s Rep. 213, the Court of Appeal held that a car was left unattended when the driver left his car in a lay-by while urinating behind some bushes 37 yards away. He saw a man on the far side walking away with a suitcase from the car but was not in a position to attempt to frustrate any attack on the vehicle. See ORDINARY MEANING RULE.

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