Goods can be carried by land (including inland waterways), sea, air or a combination of all these modes of transportation (multimodal transport system). Different laws govern such different modes of carriage of goods. There are two statutes that govern Carriage of Goods by Land:
- Carriage by Road Act, 2007
-The Railways Act, 1989
The present PPT includes the important provisions of both the acts and also includes the Rights, Liabilities and Responsibilities of Common Carriers.
The present PPT also includes the Responsibility of a Railway Administration as a Carrier of Goods.
The presentation gives the understanding of carrier explain by the law and its definition .it has clear definition of common carrier . Moreover, it also includes the features of a common carrier.
This document provides an overview of the law of carriage of goods. It defines key terms like contract of carriage, common carrier and private carrier. It discusses the carriage of goods by land, sea and rail. For land carriage, it outlines The Carriers Act 1865 and for rail, The Railways Act 1890. For sea carriage, it mentions The Bills of Lading Act 1856 and rights under a bill of lading. It also describes the rights and liabilities of common carriers when transporting goods.
Carriage of goods, in law, the transportation of goods by land, sea, or air. The relevant law governs the rights, responsibilities, liabilities, and immunities of the carrier and of the persons employing the services of the carrier.
The document summarizes the key aspects of a contract of bailment under Indian law. It defines a bailment as the delivery of goods by one person (bailor) to another (bailee) for a certain purpose, to be returned or disposed of according to the bailor's instructions. The essential elements of a valid bailment are the delivery of goods, possession on a contract, and the obligation to return the goods. The duties of the bailor and bailee are also outlined, including the bailee's duty of reasonable care and the bailor's duty to disclose faults in goods bailed gratuitously. Exceptions and qualifications to these duties are discussed through case law examples.
The document summarizes key aspects of the Warsaw system that governs international carriage of goods, passengers, and luggage by air. It outlines the rights and responsibilities of consignors, consignees, and carriers. It also describes liability limits for death, injury, damage to baggage and cargo, and delay. The Warsaw system aims to balance protecting passengers and shippers with establishing predictable liability limits for carriers.
This document discusses Indian laws related to the carriage of goods. It covers three primary means of carriage: land, sea, and air. For carriage by land, the key acts discussed are The Carriers Act 1865 and The Indian Railways Act 1890. For carriage by sea, important acts mentioned are The Indian Bills of Lading Act 1856, The Carriage of Goods by Sea Act 1925, The Merchant Shipping Act 1958, and The Marine Insurance Act 1963. Carriage by air is governed by The Carriage by Air Act 1972. The document also examines common carriers and private carriers, their rights and responsibilities, and provides examples of applying these carriage laws in practical legal cases.
Carriage of goods by land Feature of Common carrier, private carrier, Rights ...FAST NUCES
the presentation is about the carriage of goods by land. it has included the features required for a common carrier and rights of a common carrier . Moreover, it has also providing the duties of a common carrier and its exceptions.
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
The presentation gives the understanding of carrier explain by the law and its definition .it has clear definition of common carrier . Moreover, it also includes the features of a common carrier.
This document provides an overview of the law of carriage of goods. It defines key terms like contract of carriage, common carrier and private carrier. It discusses the carriage of goods by land, sea and rail. For land carriage, it outlines The Carriers Act 1865 and for rail, The Railways Act 1890. For sea carriage, it mentions The Bills of Lading Act 1856 and rights under a bill of lading. It also describes the rights and liabilities of common carriers when transporting goods.
Carriage of goods, in law, the transportation of goods by land, sea, or air. The relevant law governs the rights, responsibilities, liabilities, and immunities of the carrier and of the persons employing the services of the carrier.
The document summarizes the key aspects of a contract of bailment under Indian law. It defines a bailment as the delivery of goods by one person (bailor) to another (bailee) for a certain purpose, to be returned or disposed of according to the bailor's instructions. The essential elements of a valid bailment are the delivery of goods, possession on a contract, and the obligation to return the goods. The duties of the bailor and bailee are also outlined, including the bailee's duty of reasonable care and the bailor's duty to disclose faults in goods bailed gratuitously. Exceptions and qualifications to these duties are discussed through case law examples.
The document summarizes key aspects of the Warsaw system that governs international carriage of goods, passengers, and luggage by air. It outlines the rights and responsibilities of consignors, consignees, and carriers. It also describes liability limits for death, injury, damage to baggage and cargo, and delay. The Warsaw system aims to balance protecting passengers and shippers with establishing predictable liability limits for carriers.
This document discusses Indian laws related to the carriage of goods. It covers three primary means of carriage: land, sea, and air. For carriage by land, the key acts discussed are The Carriers Act 1865 and The Indian Railways Act 1890. For carriage by sea, important acts mentioned are The Indian Bills of Lading Act 1856, The Carriage of Goods by Sea Act 1925, The Merchant Shipping Act 1958, and The Marine Insurance Act 1963. Carriage by air is governed by The Carriage by Air Act 1972. The document also examines common carriers and private carriers, their rights and responsibilities, and provides examples of applying these carriage laws in practical legal cases.
Carriage of goods by land Feature of Common carrier, private carrier, Rights ...FAST NUCES
the presentation is about the carriage of goods by land. it has included the features required for a common carrier and rights of a common carrier . Moreover, it has also providing the duties of a common carrier and its exceptions.
This document discusses maritime law as it relates to cargo documentation for the carriage of goods by sea. It begins by outlining key areas of maritime law and then focuses on objectives related to familiarizing marine engineers with legal aspects of cargo documentation. It defines important terms, describes various cargo documents like bills of lading and waybills. It also discusses the Hague-Visby Rules and Hamburg Rules which provide international regulations for carriage of goods and bills of lading. The document closes by outlining requirements for issuing and contents of bills of lading.
Carriage of goods and liability of air and sea carriersStudsPlanet.com
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo during transport. For air carriers, the Warsaw Convention establishes that carriers are presumptively liable unless they can prove the damage was not their fault. It also limits liability amounts. For sea carriers, COGSA defines their liability and also places the burden on carriers to prove an exception applies, such as an act of God, if cargo is damaged. Both conventions require notice of damage be provided and lawsuits be filed within certain timeframes.
Provisions Regarding Baggage, Goods Imported or Exported by Post, Courier and...DVSResearchFoundatio
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. In this webinar we will learn the provisions related to baggage, goods imported or exported by post, courier and stores.
The document discusses key aspects of carriage of goods by sea under Indian law. It outlines that the Carriage of Goods by Sea Act 1925 governs carriage of goods from Indian ports to foreign ports. It imposes duties on carriers like making ships seaworthy and issuing bills of lading. Carriers' liability is limited unless negligence is proven. Bills of lading serve as receipts of goods and evidence of contracts. Charter parties allow shippers to charter whole vessels and contracts of affreightment can take the form of bills of lading or charter parties.
This document provides an overview of bailment and pledge under Indian contract law. It defines bailment as the delivery of goods by one person to another for a purpose, upon agreement that the goods will be returned after the purpose is accomplished. Pledge is defined as a special type of bailment where goods are deposited as security for a debt. The document outlines the essential features of bailment, different types of bailment, rights and duties of the bailor/bailee and pledger/pledgee, and exceptions for pledge by non-owners. It aims to increase general understanding of bailment and pledge concepts.
This document summarizes Indian law relating to air carriage, both domestic and international. It discusses the conventions that apply (Warsaw for domestic, Hague for international), key documents involved in air transport, the rights and responsibilities of carriers and passengers, limitations on carrier liability, procedures for claiming damages, and some relevant case law. The key points are:
1) The Warsaw Convention applies to domestic air carriage in India while the Hague Convention governs international carriage.
2) Carriers are liable for passenger injury or death, lost or damaged luggage, and delayed cargo, with certain liability limits.
3) Carriers can avoid liability by proving they took necessary precautions or that damage was unavoidable
Negotiation and assignment are two modes of transferring negotiable instruments. Negotiation involves delivering the instrument to a transferee, which makes them the holder, while assignment requires a written document transferring ownership rights. Some key differences are that negotiation presumes consideration and allows the transferee to sue third parties directly, while assignment requires proving consideration and notice of transfer to the debtor. An assignee also takes the instrument subject to any defects in the transferor's title.
The document discusses the legal concept of bailment under Indian law. It defines bailment as the delivery of goods by one person to another for a certain purpose based on an agreement to return or dispose of the goods. Key elements of a bailment include delivery of possession of goods, for a specific purpose, and return of the goods. The document outlines the duties of the bailee and bailor, types of bailments, termination of bailment, and the bailee's right to lien over the goods.
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
1. A contract of sale may contain stipulations known as conditions or warranties. Conditions and warranties can be express or implied. Implied conditions and warranties are included in the contract by law unless expressly excluded.
2. The key implied conditions include: condition as to title, sale by description, condition as to quality/fitness, condition as to merchantability, condition implied by custom, and sale by sample. Key implied warranties include: warranty of quiet possession, warranty of freedom from encumbrances, and warranty as to quality/fitness by usage of trade.
3. Implied conditions and warranties can be excluded by express agreement, course of dealing, or custom/usage of trade
Special Contracts: Indemnity,Guarantee,Bailment and PledgeSharup Jain
This document discusses various types of special contracts under Indian contract law, including contracts of indemnity, guarantee, bailment, and pledge. It provides definitions and essential elements of each contract type. For contracts of indemnity, it defines indemnity and outlines features and parties. For contracts of guarantee, it defines guarantee and essential elements, and describes types and rights and discharge of surety. For contracts of bailment, it defines bailment and essential elements, types of bailment, and rights and duties of bailor and bailee. Finally, it defines pledge as a type of bailment for security and rights and duties of pledgor and pledgee.
The document provides an overview of negotiable instruments under the Negotiable Instruments Act of 1881. It defines key terms like promissory note, bill of exchange, cheque, negotiation, endorsement and holder. It describes the essential elements and parties to different types of negotiable instruments. Specifically, it outlines the characteristics of a promissory note, discusses the mechanics of bill financing, and compares bills of exchange and cheques. The document aims to educate on the basic concepts and provisions related to negotiable instruments in India.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we will be learning about the basic concepts and important definitions under the Customs Act, 1962.
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
According to Indian contract law, a person must be of the age of majority, of sound mind, and not otherwise legally disqualified to have the capacity to enter into a valid and enforceable contract. A minor, defined as a person under 18 years of age, lacks such capacity and any agreements entered into by a minor are void ab initio. However, a minor can be held liable to pay for necessities provided to them, such as food, clothing, shelter, and services related to education or healthcare. A person of unsound mind, including idiots, lunatics, or those intoxicated, also lacks the capacity to contract if unable to understand the nature and effect of the agreement.
This document discusses negotiable instruments, dishonour of negotiable instruments, and discharge of negotiable instruments and parties. It defines a negotiable instrument and outlines ways an instrument can be dishonored, including non-acceptance and non-payment. It also discusses the effect of dishonour and how instruments and parties can be discharged, such as through payment, insolvency, or cancellation with intent to release liability. The document provides information on how one or more parties can be discharged from liability on an instrument through various means like cancellation, release, or failure to give notice of dishonour.
The document discusses the capacity of parties to enter into contracts under Indian law. It defines who is competent to contract and notes that agreements with minors are void. A minor is deemed to have attained majority at age 18 except under certain circumstances like where a guardian has been appointed, in which case majority is 21. Agreements with minors are not valid and a minor cannot be estopped from pleading minority to avoid the agreement. However, if a minor fraudulently misrepresented their age, the court may award compensation to the other party. Upon reaching the age of majority, a minor can potentially ratify agreements made as a minor.
Customs regulations differ by country and govern the import and export of goods between countries. Certain items are prohibited, and duties must be paid on items exceeding allowance limits. India's customs regulations aim to prevent illegal trade and extend nationwide, dividing arriving passengers into green and red channels depending on whether they have dutiable goods. Tourists are allowed duty-free import of used personal effects and gifts up to specified value limits, with some variation based on nationality, and can export some personal electronics, sports equipment, and limited quantities of alcohol, tobacco, and currency. Strict controls govern import and export of restricted items like firearms, wild animals, and narcotics.
Montreal Convention (Convention for the Unification of Certain Rules for Inte...Asian Paint Bangladesh Ltd
This document summarizes the key provisions of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999). It establishes rules for international carriage of persons, baggage, and cargo by air. Some key points:
- It applies to all international carriage of persons, baggage, or cargo performed by aircraft for reward, as well as some gratuitous carriage.
- It defines "international carriage" and establishes documentation requirements for passengers and baggage (e.g. an individual or collective document of carriage) and for cargo (e.g. an air waybill).
- It addresses the liability of carriers for death or injury of passengers, destruction or
The Carriers Act of 1865 aimed to both limit the liability of common carriers for lost or damaged property and declare their liability for losses caused by negligence or criminal acts. It established that carriers would not be liable for losses of valuable goods like gold unless their value was declared. Carriers could require higher payment for transporting valuable goods and those paying would be entitled to recover losses. The liability of railroad owners could not be limited by contract and they would be liable for losses due to negligence or criminal acts.
Carriage of goods and liability of air and sea carriersStudsPlanet.com
Carriers that transport goods by air or sea have legal liability for any loss or damage to cargo during transport. For air carriers, the Warsaw Convention establishes that carriers are presumptively liable unless they can prove the damage was not their fault. It also limits liability amounts. For sea carriers, COGSA defines their liability and also places the burden on carriers to prove an exception applies, such as an act of God, if cargo is damaged. Both conventions require notice of damage be provided and lawsuits be filed within certain timeframes.
Provisions Regarding Baggage, Goods Imported or Exported by Post, Courier and...DVSResearchFoundatio
OBJECTIVE
Customs duty is an indirect tax, which is a tax on the goods and not a tax on the person having or owning the goods. In this webinar we will learn the provisions related to baggage, goods imported or exported by post, courier and stores.
The document discusses key aspects of carriage of goods by sea under Indian law. It outlines that the Carriage of Goods by Sea Act 1925 governs carriage of goods from Indian ports to foreign ports. It imposes duties on carriers like making ships seaworthy and issuing bills of lading. Carriers' liability is limited unless negligence is proven. Bills of lading serve as receipts of goods and evidence of contracts. Charter parties allow shippers to charter whole vessels and contracts of affreightment can take the form of bills of lading or charter parties.
This document provides an overview of bailment and pledge under Indian contract law. It defines bailment as the delivery of goods by one person to another for a purpose, upon agreement that the goods will be returned after the purpose is accomplished. Pledge is defined as a special type of bailment where goods are deposited as security for a debt. The document outlines the essential features of bailment, different types of bailment, rights and duties of the bailor/bailee and pledger/pledgee, and exceptions for pledge by non-owners. It aims to increase general understanding of bailment and pledge concepts.
This document summarizes Indian law relating to air carriage, both domestic and international. It discusses the conventions that apply (Warsaw for domestic, Hague for international), key documents involved in air transport, the rights and responsibilities of carriers and passengers, limitations on carrier liability, procedures for claiming damages, and some relevant case law. The key points are:
1) The Warsaw Convention applies to domestic air carriage in India while the Hague Convention governs international carriage.
2) Carriers are liable for passenger injury or death, lost or damaged luggage, and delayed cargo, with certain liability limits.
3) Carriers can avoid liability by proving they took necessary precautions or that damage was unavoidable
Negotiation and assignment are two modes of transferring negotiable instruments. Negotiation involves delivering the instrument to a transferee, which makes them the holder, while assignment requires a written document transferring ownership rights. Some key differences are that negotiation presumes consideration and allows the transferee to sue third parties directly, while assignment requires proving consideration and notice of transfer to the debtor. An assignee also takes the instrument subject to any defects in the transferor's title.
The document discusses the legal concept of bailment under Indian law. It defines bailment as the delivery of goods by one person to another for a certain purpose based on an agreement to return or dispose of the goods. Key elements of a bailment include delivery of possession of goods, for a specific purpose, and return of the goods. The document outlines the duties of the bailee and bailor, types of bailments, termination of bailment, and the bailee's right to lien over the goods.
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
The document provides an overview of key concepts related to consumer protection in India under the Consumer Protection Act 2019, including definitions of terms like "consumer", "complaint", "consumer rights", and "unfair trade practice". It summarizes new provisions introduced in the 2019 Act related to aspects like online transactions, product liability, endorsement of goods/services, and the role of the Central Consumer Protection Authority.
1. A contract of sale may contain stipulations known as conditions or warranties. Conditions and warranties can be express or implied. Implied conditions and warranties are included in the contract by law unless expressly excluded.
2. The key implied conditions include: condition as to title, sale by description, condition as to quality/fitness, condition as to merchantability, condition implied by custom, and sale by sample. Key implied warranties include: warranty of quiet possession, warranty of freedom from encumbrances, and warranty as to quality/fitness by usage of trade.
3. Implied conditions and warranties can be excluded by express agreement, course of dealing, or custom/usage of trade
Special Contracts: Indemnity,Guarantee,Bailment and PledgeSharup Jain
This document discusses various types of special contracts under Indian contract law, including contracts of indemnity, guarantee, bailment, and pledge. It provides definitions and essential elements of each contract type. For contracts of indemnity, it defines indemnity and outlines features and parties. For contracts of guarantee, it defines guarantee and essential elements, and describes types and rights and discharge of surety. For contracts of bailment, it defines bailment and essential elements, types of bailment, and rights and duties of bailor and bailee. Finally, it defines pledge as a type of bailment for security and rights and duties of pledgor and pledgee.
The document provides an overview of negotiable instruments under the Negotiable Instruments Act of 1881. It defines key terms like promissory note, bill of exchange, cheque, negotiation, endorsement and holder. It describes the essential elements and parties to different types of negotiable instruments. Specifically, it outlines the characteristics of a promissory note, discusses the mechanics of bill financing, and compares bills of exchange and cheques. The document aims to educate on the basic concepts and provisions related to negotiable instruments in India.
OBJECTIVE
Import of all kinds of goods and on the export of goods on certain situations attracts customs duty. The Customs Act,1962 contains provisions which govern the levy of customs duty. In this webinar, we will be learning about the basic concepts and important definitions under the Customs Act, 1962.
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
According to Indian contract law, a person must be of the age of majority, of sound mind, and not otherwise legally disqualified to have the capacity to enter into a valid and enforceable contract. A minor, defined as a person under 18 years of age, lacks such capacity and any agreements entered into by a minor are void ab initio. However, a minor can be held liable to pay for necessities provided to them, such as food, clothing, shelter, and services related to education or healthcare. A person of unsound mind, including idiots, lunatics, or those intoxicated, also lacks the capacity to contract if unable to understand the nature and effect of the agreement.
This document discusses negotiable instruments, dishonour of negotiable instruments, and discharge of negotiable instruments and parties. It defines a negotiable instrument and outlines ways an instrument can be dishonored, including non-acceptance and non-payment. It also discusses the effect of dishonour and how instruments and parties can be discharged, such as through payment, insolvency, or cancellation with intent to release liability. The document provides information on how one or more parties can be discharged from liability on an instrument through various means like cancellation, release, or failure to give notice of dishonour.
The document discusses the capacity of parties to enter into contracts under Indian law. It defines who is competent to contract and notes that agreements with minors are void. A minor is deemed to have attained majority at age 18 except under certain circumstances like where a guardian has been appointed, in which case majority is 21. Agreements with minors are not valid and a minor cannot be estopped from pleading minority to avoid the agreement. However, if a minor fraudulently misrepresented their age, the court may award compensation to the other party. Upon reaching the age of majority, a minor can potentially ratify agreements made as a minor.
Customs regulations differ by country and govern the import and export of goods between countries. Certain items are prohibited, and duties must be paid on items exceeding allowance limits. India's customs regulations aim to prevent illegal trade and extend nationwide, dividing arriving passengers into green and red channels depending on whether they have dutiable goods. Tourists are allowed duty-free import of used personal effects and gifts up to specified value limits, with some variation based on nationality, and can export some personal electronics, sports equipment, and limited quantities of alcohol, tobacco, and currency. Strict controls govern import and export of restricted items like firearms, wild animals, and narcotics.
Montreal Convention (Convention for the Unification of Certain Rules for Inte...Asian Paint Bangladesh Ltd
This document summarizes the key provisions of the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal, 28 May 1999). It establishes rules for international carriage of persons, baggage, and cargo by air. Some key points:
- It applies to all international carriage of persons, baggage, or cargo performed by aircraft for reward, as well as some gratuitous carriage.
- It defines "international carriage" and establishes documentation requirements for passengers and baggage (e.g. an individual or collective document of carriage) and for cargo (e.g. an air waybill).
- It addresses the liability of carriers for death or injury of passengers, destruction or
The Carriers Act of 1865 aimed to both limit the liability of common carriers for lost or damaged property and declare their liability for losses caused by negligence or criminal acts. It established that carriers would not be liable for losses of valuable goods like gold unless their value was declared. Carriers could require higher payment for transporting valuable goods and those paying would be entitled to recover losses. The liability of railroad owners could not be limited by contract and they would be liable for losses due to negligence or criminal acts.
The Carriers Act of 1865 aimed to both limit the liability of common carriers for lost or damaged property and declare their liability for losses caused by negligence or criminal acts. It established that carriers would not be liable for losses of valuable goods like gold or jewelry unless their value was declared. Carriers could require higher payment for transporting valuable goods and those paying would be entitled to recover losses. The liability of railroad owners could not be limited by contract and they would be liable for negligence or criminal acts.
This document discusses the carriage of goods by land in Bangladesh. It defines carriage of goods as the transportation of goods by land, sea, or air. Carriers include individuals and organizations employed to transport goods or people, and can include government services like BRTC and BR. The Railways Act of 1890 states that railway administrations cannot show undue preference or disadvantage to any person, traffic, or description of traffic. Railways act as carriers and bailees, and are responsible for loss or damage to goods during transit, except under certain conditions like acts of God. Their rights include framing bye-laws regarding carriage and enforcing penalties for violations. Examples are provided where railways were held liable for negligence when goods were stolen without
This document summarizes key aspects of shipping and maritime law in India. It discusses the Carriage by Road Act of 2007, which defines a common carrier as a person engaged in transporting goods or people by motorized transport on road. It outlines the objectives and provisions of the Carriage by Road Act, including mandatory registration of common carriers and their liability for loss or damage to goods in transit, except in cases of force majeure. The document also discusses drawbacks of the previous Carriage Act of 1865 and how the new law aims to better regulate common carriers and their liability.
This document outlines terms and conditions for carriage services provided by Rapid Despatch logistics Ltd. It defines key terms like "Carrier" and "Customer" and outlines responsibilities of each party. The Carrier is not a common carrier and accepts consignments at its sole discretion. It may employ subcontractors but remains responsible as agent. The Customer warrants they are authorized to accept the terms. The document also specifies liability limitations, time limits for claims, and the Carrier's right to sell unclaimed goods to recover charges owed.
Service tax reverse charge on gta by anand bishtAnand Bisht
Under the reverse charge mechanism in India's service tax, the recipient of certain services is liable to pay the tax instead of the service provider. One such service is transportation of goods by road, where the recipient (consignor or consignee) must pay 100% of the abated value of 25% of the invoice amount as service tax. For example, if a logistics company charges Rs. 15,000 to transport goods for ABC Pvt Ltd, then ABC Ltd must pay Rs. 463.50 as service tax under reverse charge. There are some exemptions such as for low value consignments under Rs. 1,500 or Rs. 750 for a single consignee. The due dates for payment and return
This document summarizes the key articles of the Hague-Visby Rules that govern carriage of goods by sea. The rules define important terms, outline the responsibilities and liabilities of carriers, and specify circumstances where carriers are exempt from liability. It describes requirements for bills of lading, claims processes, and monetary units. The rules aim to balance carrier and shipper interests and provide uniform international standards for sea cargo transportation contracts.
Dodwell Cargo Services - Terms and ConditionsSkever Mwaura
1. The document outlines the activities and services provided by a freight forwarder and defines their roles as an intermediary, carrier, warehouse operator, and provider of other services.
2. It then discusses the forwarder's liability in the different roles. As an intermediary, the forwarder is liable for carefully selecting and instructing subcontractors like carriers and warehouses. Their liability is limited to $1 per kilo for lost or damaged goods.
3. The document also exempts the forwarder from liability for indirect losses, consequences of customer errors, inherent defects in goods, or events outside their control like war, strikes, or natural disasters.
The document discusses key concepts in international commercial law regarding the carriage of goods:
1. It defines carriage of goods contracts and discusses types of carriage including unimodal, multimodal, and carriage by sea, air, or road.
2. It outlines the carrier's responsibilities, including for delay, misdelivery, diversion, dangerous goods, and carriage by multiple carriers.
3. It discusses important concepts like bills of lading, freight agents, the Hague Rules which established carrier liability standards, and a carrier's role as warehouseman or bailee before and after carriage.
This document discusses various laws related to the carriage of goods in India, including the Carriers Act 1865, the Carriage by Road Act 2007, the Indian Carriage of Goods by Sea Act 1925, the Carriage by Air Act 1972, and the Multimodal Transportation of Goods Act 1993. It summarizes key cases that discuss the liability of carriers, bills of lading, and insurance related to the carriage of goods.
This document outlines a logistics services agreement between two parties: a customer and a logistics provider ("X"). Key points include:
- X will provide services like discharging vessels, warehouse maintenance, and domestic transportation to the customer.
- The customer will pay fees to X as outlined in an attachment.
- The agreement details obligations of both parties, terms of service, liability, confidentiality, dispute resolution, and other standard contract terms.
- The agreement is governed by Korean law and includes provisions for termination, assignment, security, and amendment.
Logistics Services Agreement Sample (Purchase this doc, Text: 08118887270 (Wh...GLC
This document outlines a logistics services agreement between two parties: a customer and a logistics provider ("X"). Key points include:
- X will provide services like vessel discharging, warehouse maintenance, and domestic transportation to the customer.
- The customer will pay fees to X as outlined in an attachment.
- The agreement's initial term is for [time period] and will be automatically renewed unless notice is given.
- The document details obligations of both parties, covers issues like damages and termination, and specifies that the agreement will be governed by Korean law.
international trade law- Legal frameworks in regulating the transportation o...NOR EMYLIA
The document discusses and compares two key legal frameworks for regulating the transportation of exports by sea: the Hague-Visby Rules and the Hamburg Rules.
The Hague-Visby Rules apply solely to contracts of carriage covered by a bill of lading, while the Hamburg Rules define "contract of carriage" more broadly to include any contract whereby the carrier undertakes to carry goods by sea. The two rules also differ in their treatment of charter parties and periods of carrier responsibility. Overall, the document analyzes the definitions, exclusions, obligations of carriers, and liability regimes under each legal framework.
This document summarizes the Carriage of Goods Act, which regulates the carriage of goods by land and sea in Jamaica.
The Act has two main parts. Part I covers carriage of goods by land and defines carriers, outlines exemptions from liability for certain high-value goods unless their value is declared, and addresses public notices limiting liability. Part II covers carriage of goods by sea and incorporates rules contained in a schedule, addresses bills of lading, and gives shipowners powers to land goods if owners default and liens for unpaid freight. The Act also covers delivery of goods and warehousemen's responsibilities and protections.
Nature and extent of insurer's liability under motor vehicles act 1988Mohith Sanjay
This document summarizes key provisions of the Motor Vehicles Act 1988 regarding insurer liability. It discusses:
- The Act provides for no-fault liability of vehicle owners for death/injury, requiring compensation payments.
- Policies must cover liability for death/injury to third parties and passengers. The insurer is liable to satisfy judgements against insured persons.
- Claims can be made under sections 140 and 163A on a no-fault basis, or under section 166 for negligent driving. The nature of liability is strict under the no-fault provisions.
1. This trucking agreement is between Oldcastle Building Products, Inc. and a hauler for trucking and hauling services for a 1-year period. The agreement will automatically renew each year unless one party provides notice of non-renewal.
2. The hauler must comply with all applicable safety, legal, and regulatory requirements in performing the services. The hauler is required to maintain various insurance policies naming Oldcastle as an additional insured.
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1. Carriage of Goods by
Land
Rukmani Sachdeva
LLM Student
PRN - 21010341013
Symbiosis Law School, Hyderabad
2. Carriage of Goods by Land
Goods can be carried by land (including inland waterways), sea, air or a combination of all these modes of
transportation (multimodal transport system). Different laws govern such different modes of carriage of goods
There are two statutes that govern Carriage of Goods by Land:
Carriage by Road Act, 2007
The Railways Act, 1989
3. Carriage by Road Act, 2007 - Overview
Carriage by Road Act, 2007 came into force on March 1, 2011 superseding the erstwhile
Carriers Act, 1865. The Carriage by Road Rules, 2011 came into force on the same day
This Act provides for the regulation of common carriers, limiting their liability and
declaration of value of goods delivered to them to determine their liability for loss, or
damage to, such goods occasioned by their negligence or criminal acts, their servants or
agents and for incidental matters.
Carriage by Road Act 2007 does not apply to the Government or private carriers.
4. Important Definitions
As per Section 2 (a), a ‘common carrier’ is defined as: “a person engaged in the business of collecting, storing,
forwarding or distributing goods to be carried by goods carriages under a goods receipt or transporting for hire of goods
from place to place by motorized transport on road, for all persons undiscriminatingly and includes a goods booking
company, contractor, agent, broker and courier agency engaged in the door-to-door transportation of documents, goods
or articles utilizing the services of a person, either directly or indirectly, to carry or accompany such documents, goods
or articles but does not include the Government”.
As per Section 2(b), Consignee is the person named as consignee in the GFN
As per Section 2(d), Consignor is the person, named as consignor in the GFN, by whom or on whose behalf the
documents, goods or articles covered by such forwarding note are entrusted to the common carrier for carriage thereof
5. Rights, Liabilities and Responsibilities of
Common Carriers
Under Section 8, every consignor is required to issue a ‘goods forwarding note’ which would declare inter alia value
and nature of the consignment.
Consignor is responsible for the correctness of the particulars in the goods forwarding note, and is liable to indemnify
the common carrier for any loss or damage suffered by him by reason of incorrectness or incompleteness of the
particulars on the note.
As per Section 10 of the Act, the liability of a common carrier for loss of, or damage to any consignment, ‘shall be
limited to ten times the freight paid or payable having regard to the value, freight and nature of goods, documents or
articles of the consignment, unless the consignor or any person duly authorised in that behalf has expressly undertaken
to pay higher risk rate fixed by the common carrier, under Section 11.
6. Rights, Liabilities and Responsibilities of
Common Carriers
As per Section 10 (2), for any delay in delivery up to the mutually agreed period, the liability is limited to the
freight charged.
Under Section 12, a common carrier is liable to the consignor for the loss or damage to any consignment, where
such loss or damage has arisen on account of any criminal act of the common carrier, or any of his servants or
agents. The Plaintiff does not bear the onus to prove such negligence or criminal act.
Section 15 provides for common carrier’s right to sell the goods in case of consignor’s default to take delivery of
the goods. In case of non-perishable goods, a prior notice of 30 days is required before the common carrier can
exercise his right to sell.
7. Rights, Liabilities and Responsibilities of
Common Carriers
Section 16 provides that a prior notice by the consignor to the common carrier for loss or damage is
mandatory for instituting any suit or other proceedings, Such notice should be served within a period of
180 days from the date of booking the consignment.
Under Section 17 of the Act, a common carrier is responsible for the loss, destruction, damage or
deterioration in transit or non-delivery of any consignment entrusted to him for carriage, arising from any
cause except acts of God; war, riots and civil commotion; arrest, restraint or seizure under legal process;
or an order, restriction, or prohibition imposed by the Government.
However, even in above cases, common carrier is required to exercise due diligence and care to avoid
such loss, destruction, damage or deterioration.
8. Type of commercial disputes which arise
under this Act
Interpretation of goods forwarding notes – effect and affixation of liability in
view of the declaration thereon.
Determination of delay, negligence or lack of due care by common carriers.
Extent of liability of common carriers under the Act. Limitation of liability of
carriers, when applicable.
Legality in the exercise of right to sell by common carriers.
9. The Railways Act, 1989: Overview
The Railway Act, 1989 came into force on July 1, 1990 superseding the erstwhile Indian Railway Act, 1890. The
Railways Act, 1989 is an Act of the Parliament of India which regulates all aspects of rail transport. Carriage of
Goods has been dealt with in inter alia Chapter IX-XI of the Act (Sections 61-112). The Act provides for inter alia
responsibilities, duties and liabilities of the Indian railway administration as a carrier of goods, provision for rates
and procedure required to be complied with and redressal mechanism for grievances related to carriage of goods.
The Railway Claims Tribunal Act, 1987 provides for the establishment of a Railway Claims Tribunal for enquiring
into and determining claims against a railway administration for loss, destruction, damage, deterioration or non
delivery of animals or goods entrusted to it and connected matters. This Act has an overriding effect. Section 15
read with Section 13 of the Railway Claims Tribunal Act, 1987 bars the jurisdiction of civils courts.
10. Important Provisions
Maintenance of rate books, etc., for carriage of goods (Section 61). Every railway
administration shall maintain, at each station and to such other places where goods
are received for carriage, the rate books or other documents which shall contain the
rate authorised for the carriage of goods from one station to another and make
them available for the reference of any person during all reasonable hours without
payment of any fee.
11. Important Provisions
Forwarding note (Section 64). Every person entrusting any goods to a railway administration for carriage shall execute a
forwarding note in such form as may be specified by the Central Government.
The consignor shall be responsible for the correctness of the particulars furnished by him in the forwarding note. He shall
indemnify the railway administration against any damage suffered by it by reason of the incorrectness or incompleteness of
the particulars in the forwarding note.
Railway receipt (Section 65). A railway administration shall issue a railway
(a) in a case where the goods are to be loaded by a person entrusting such goods, on the completion of such loading; or
(b) in any other case, on the acceptance of the goods by it.
12. Important Provisions
A railway receipt shall be prima facie evidence of the weight and the number of packages stated therein.
Carriage of dangerous or offensive goods (Section 67). No person shall take with him on a railway or require a railway
administration to carry such dangerous or offensive goods, unless (i) he gives a notice in writing of their dangerous or
offensive nature to the railway servant authorised in this behalf; and (ii) he distinctly marks on the outside of the
package containing such goods their dangerous or offensive nature.
Liability of railway administration for wrong delivery (Section 80). Where a railway administration delivers the
consignment to the person who produces the railway receipt, it shall not be responsible for any wrong delivery on the
ground that such person is not entitled or that endorsement on the railway receipt is forged or otherwise defective.
13. Responsibility of a Railway
Administration as a Carrier of Goods
Sections 93 to 112 of the Railways Act, 1989 contain provisions on this
subject. These provisions are summarised below.
14. Responsibility of a Railway
Administration as a Carrier of Goods
General responsibility of a railway administration as carrier of goods (Section 93). A railway administration shall be responsible for the loss, destruction, damage or
deterioration in transit, or non-delivery of any consignment (goods entrusted to a railway administration for carriage), arising from any cause except the following,
namely:
(i) an act of God;
(ii) an act of war;
(iii) an act of public enemies;
(iv) arrest, restraint or seizure under legal process;
(v) orders of restrictions imposed by the Central Government or a State Government or by an officer or authority subordinate to the Central Government or a State
Government authorised by it in this behalf;
(vi) act of omission or negligence of the consignor or consignee endorsee or the agent or servant of the consignor or the consignee or the endorsee;
(vii) natural deterioration or wastage in bulk or weight due to inherent defect, quality or vice of the goods;
(viii) latent defects;
(ix) fire, explosion or any unforeseen risks.
15. Responsibility of a Railway Administration
as a Carrier of Goods
Liability of a common carrier vis-a-vis the liability of a railway administration. The liability of a railway administration is the same
as that of a common carrier. In other words, even where any loss, destruction, damage, deterioration or non-delivery is proved to
have arisen from any one or more of the aforesaid nine cases, a railway administration shall not be relieved of its responsibility
unless it further proves that it has used reasonable foresight and care in the carriage of the goods [Union of India v Orissa Textile
Mills, AIR (1979) Ori. 165].
Delay or retention in transit (Section 95). A railway administration shall be responsible for the loss, destruction, damage or
deterioration of any consignment proved by the owner to have been caused by the delay or detention in their carriage. The railway
administration can, however, avoid liability if it proves that the delay or detention arose for reasons beyond its control or without
negligence or misconduct on its part or on the part of any of its servants.
16. Responsibility of a Railway Administration as
a Carrier of Goods
Responsibility as carrier of luggage (Section 100). A railway administration shall not be responsible for
the loss, destruction, damage, deterioration or non-delivery of any luggage unless a railway servant has
booked the luggage and given a receipt therefor. Also it is to be proved that the loss, etc., was due to the
negligence or misconduct on the part of the railway administration or on the part of any of its servants.
Responsibility as a carrier of animals (Section 101). A railway administration shall not be responsible
for any loss or destruction of, or injuries to, any animal carried by railway arising from fright or
restiveness or from overloading of wagons by the consignor.
17. Exoneration from Liability in Certain Cases
(Section 102)
A railway administration shall not be responsible for the loss, destruction, damage or deterioration or non delivery of any
consignment —
when such loss, etc., is due to the fact that a materially false description of the consignment is given; or
where a fraud has been practised by the consignor or the endorsee, or by an agent of the consignor, consignee or the endorsee; or
where it is proved by the railway administration to have been caused by, or to have arisen from –
(a) improper loading or unloading by the consignor, or the consignee or the endorsee, or by an agent of the consignor, consignee or
the endorsee;
(b) riot, civil commotion, strike, lock-out, stoppage or restraint of labour from whatever cause arising whether partial or general; or
for any indirect or consequential loss or damage or for loss of particular market.