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.
2. CARRIAGE OF GOODS BY LAND
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.
FEATURES
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.
5. 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.
6. 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.
7. EXCEPTIONS
A common carrier is bound to carry the goods of any person who
employs him. However a common carrier can refuse to carry goods
in the following circumstances.
1. If the vehicle is already full.
2. If the goods are of such nature which he does not carry.
3. If the goods are of dangerous nature and may result some extra
ordinary risk.
4. If the destination to which the goods are to be transported is not
on his normal route.
5. If reasonable charges for the carriage are not paid.
6. If the goods are not properly packed.
7. If the goods are offered at an unreasonable hour.
8. If the consigner refuses to disclose the nature of goods offered for
carriage.
8. PRIVATE CARRIER
A Private carrier is one who does not make general offer
but carries goods occasionally. He carries goods for a
particular person on some terms mutually agreed upon.
He is not bound to carry goods for all indiscriminately.
He can accept or reject the offer for carriage of goods.
In other words, when a person does the work of carrying
not as a regular business but as a casual contractor or
reserves the right to accept or to reject the goods
offered at his own discretion, he is a private carrier.
The common carrier Act, 1865, does not govern him. His
position is that of a bailee. He is therefore, governed by
the contract Act 1872.
9. RIGHTS OF COMMON CARRIER
The following are the rights of common carrier.
1. RIGHT TO GET REMUNERATION.
A common carrier is entitled to the agreed charges
for his work. If charges have not been agreed, he is
entitled to reasonable charges for his services. He
can demand payment of hire in advance and if he is
not paid, he may refuse to carry.
2. RIGHT TO RETAIN.
He has a right to retain the goods and refuse
delivery thereof until his charges of hire are paid. If
no charges are paid he can exercise particular lien
over the goods. The Lien cannot be enforced if the
carrier has agreed to give credit.
10. 3. RIGHT TO SUE
The carrier has a special right regarding the goods
delivered to him for carriage. He can file a suit against any
person who wrongfully deprives him of goods or injures
him.
4. RIGHT TO RECOVER EXPENSES.
If it necessary to incur some expenses for the safety of
goods from extra ordinary dangers such as flood, the
carrier ought to incur it. He can recover such expenses
from the owner.
5. RIGHT RO RECOVER DEMAGES
He can recover damages from the consignor if the goods
are of dangerous nature or not properly packed and the
carrier suffers injury there from. He can also recover
damages if such damages cause any damage to vehicle.
11. DUTIES OF COMMON CARRIER
1. DUTY TO RECEIVE GOODS
A common carrier is bound to receive for
carriage all goods offered provided he has
convenience to carry them and the goods are of
a proper kind and the employer is ready to pay
reasonable hire.
2. DUTY TO CARRY GOODS
A common carrier is bound to carry goods of all
persons who employ him for the carriage of
goods. He can refuse to carry the goods under
certain circumstances, if he refuses to carry the
goods of a person in cases other than those
discussed above, he is liable for demages.
12. 3.DUTY TO FOLLOW ROUTE
4.DUTY TO DELIVER THE GOODS
5. DUTY TO CARRY GOODS SAFTEY