Law of Carriage

1. Carriage of Goods by Land
Nazmul Hasan Sarker
Lecturer, Department of Law
Exim Bank Agricultural University

2. Carriage of Goods
• Carriage of goods refers to transportation of goods by land, sea, or air
• Carrier means a person, or an organization employed to carry
goods or people.
• Govt. Services can also be carriers such as BRTC, BR etc.

3. Types of Carriers
There are three types of carriers for the carriage of goods:
• Common Carrier
• Private Carrier
• Gratuitous Carrier (not the subject matter of our Discussion)

4. Common Carrier
• Common Carrier is a person, other than the
Government, engaged in transporting or hiring property
from place to place by land or inland navigation for all
persons indiscriminately. (Section 2 of The Carriers
Act, 1865 )
• Any individual, Firm or Company who transports goods for
money.
Is Post Office a Common Carrier?
Case: Union of India vs. Mohd. Nazim, AIR 1980

5. Private Carrier
• Private carrier is one who does not do regular business
as a carrier.
• He is not bound to carry the goods of everybody.
• The Common Carrier Act, 1865, does not apply to a private
carrier. The Contract Act, 1872 applies to a private carrier
hence, the position of a private carrier is that of a bailee. He
has the same rights, duties, and liabilities as a bailee under
the Contract Act.

6. Characteristics of Common Carrier
• Any individual, Firm or Company (Other than Government)
• Only carriers of Goods are covered with the definition.
• Occasional carriers of goods are not common carriers.
• Common carriers are ready to carry goods at anytime and
without discrimination.
• Common carrier is only used in inland navigation(both land
and waterways)

7. Duties of Common Carrier
• A common carrier is obliged to transport the products of
anyone who hires him.
Exception:
i. If there is not enough space in the carriage [Riley Vs. Orne,
1824]
ii. If the goods are dangerous and subject him to extraordinary
risks [Edwards Vs. Sherrat, 1801]
iii. If the goods are unusual for him to transport
iv. If the goods must be transported by a different route than his
usual one
v. If the goods are not properly packed [Sutcliff Vs. Great Western
Railway Co., 1910]
vi. If the consignor refuses to reveal the nature of the goods

8. Duties of Common Carrier Contd.
• a common carrier may be held accountable for damages if
he refuses to transport goods for grounds other than those
listed above.
(G.W. Rly Co. Vs. Sutton[1869])

9. Duties of Common Carrier Contd.
• Unless unusual circumstances dictate otherwise, a
common carrier must transport the goods by the usual
route.. [May Vs. London & Southwestern Rly. Co, 1869]
• A common carrier must deliver the goods within the
agreed time or a reasonable period if no time frame has
been set. [Bontex Knitting Works Ltd. Vs. St. John’s garage,
1944]
• A common carrier is under an obligation to carry the goods
with reasonable care.

10. Rights of Common Carrier
• Common carrier has the right to receive a settled or a reasonable
remuneration if no renumeration was settled.
• A common carrier has the right to refuse to carry goods on the
abovementioned grounds.
• A common carrier has the right to lien on the goods for his
remuneration. [Rushforth Vs. Hadfield,1805]
• A common carrier has the right to recover reasonable expenses incurred
by him as a result of the consignee’s refusal to take delivery
• A common carrier has the right to sue the consignor for damages if the
items are unsafe or if he is injured while transporting them.
• A common carrier has the right to restrict his liability according to the
provisions of the Carriage Act

11. Liabilities of Common Carrier
• A common carrier is liable to pay all the loss caused by him to
the goods or persons. But in some special cases like an act of
God, an act of war, public enemies he will be not liable.
• Liability In Case Of Wrong delivery: If the delivery is not made
to the right person carrier is liable for that loss.
• Liability In Case Of Negligence: Due to the negligence of the
carrier if any passenger is injured then the carrier will be
liable for the loss.

12. Readings Suggested
• Commercial Law, Sen & Mitra (Pages: 375-381)