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.
2. INTROCUCTION
The law relating to carriage of goods may be studied
under three heads
1. Carriage by Land
2. Carriage by Sea
3. Carriage by Air
DEFINITION OF CONTRACT OF CARRIAGE
“A contract whereby a person or company agrees to
carry goods or people from one place to another in
return of payment is called a contract of carriage”.
3. DEFINITION OF CARRIER
The party or person who carry goods or
passengers for payment whether by Land, air or
sea is called the carrier.
KINDS OF CARRIER
The carrier may be of the following three kinds.
COMMON CARRIER.
The carriers Act 1865 defines a common carrier as
any individual, firm or company (other than the
Government) engaged in the business of
transporting for hire, goods from place to place by
Land or inland navigation for all persons
indiscriminately.
4. A common carrier is one who undertakes to carry
goods for hire to transport from one place to
another the goods of anyone willing to employ him.
A person who reserves the right of accepting or
rejecting the offers of goods for carriage is not a
common carrier.
5. FEATURES OF CONTRACT
CARRIER
The following are the features of common
carrier.
1. COMMON CARRIER.
A common carrier may be an individual, a firm or
a company excluding Government. Thus,
Railways being owned by the Government cannot
be called as common carrier, although the
Railways are engaged in transporting goods.
Similarly Post office is not a common carrier. It is
not the agent of sender. It has its own separate
Act.
6. 2. FOR HIRE
A common carrier is one who engaged in the
business of transporting goods for hire. It means
that any one who carries goods occasionally or
free of charge is not a common carrier. Similarly a
Carrier who carries passenger is not a common
carrier.
3. REGULAR BUSINESS
A common carrier carries goods as a regular
business to earn money, if a carrier carries goods
occasionally. It is not a common carrier.
7. 4. INLAND NAVIGATION
The Carriage must be made by land or inland
navigation. By the term inland navigation means
the carriage of goods by boats, streamers that sail
in canals and rivers
5. ALL PERSONS INDISCRIMINATELY
A common carrier is bound to carry the goods of any
person who offers his goods for carriage and pays
for the service, without any discrimination. If a
carrier reserves the right to reject an offer even if
there is accommodation in the carriage and the
offeror is ready to pay the freight, he is not a
common carrier.