CARRIAGE OF GOODS

Economic development dominantly depends upon trade.

Trade is exchange of goods for money.
Exchange takes place mostly by means of transport.
Transport is the carriage of goods / personnel from one place to
another.

Carrier or transporter is their custodian of goods between seller

and buyer.

Carrier has duties and privileges. These are obtained thorough

Law on carriage of goods.

Goods can be carried by land, sea and air.

Contract of Carriage of Goods is the Law.

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. It is called a
contract of carriage.

CARRIER
The party 02 person who carries goods or passenger, for
payment is called the carrier.
KINDS OF CARRIER

Common Carrier
Private Carrier
Gratuitous Carrier

COMMON CARRIER
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, undertakes to carry goods for
hire for all persons who employ him. He must do
so as a regular business for money. A person with
right of accepting or rejecting the offers of goods
for carriage is not a common carrier.

FEATURES
COMMON CARRIER
FOR HIRE
REGULAR BUSINESS
INLAND NAVIGATION
ALL PERSONS INDISCRIMINATELY

PRIVATE CARRIER
A private carrier is one who does not make general offer but
carries goods occasionally. He is not bound to carry goods
for all indiscriminately. He can accept or reject the offer for
carriage of goods. Common Carriers Act, 1865 does not
apply. He is governed by the Contract Act,1872.

GRATUITOUS CARRIER
A carrier who undertakes to carry goods or passengers
without reward is called a gratuitous carrier. It gratuitous
carrier refuses to carry goods or passengers no action can
be taken against such carrier due to lack of consideration.
If he accepts the goods, his position is like a bailee.

RIGHTS OF COMMON CARRIER

Right to Get remuneration
Right to Retain
Right to Sue
Right to Recover Expenses
Right to Recover Damages
Right to Sell
Right to Give Concession
Right to Refuse to Carry Goods
Right to Limit his Liability

DUTIES OF COMMON CARRIER

Duty to Receive Goods
Duty to Carry Goods
Duty to Follow Route
Duty to Deliver the Goods
Duty to Carry Goods Safely
Duty to Provide Suitable Carrier
Duty to Deliver at Proper Place
Duty to Deliver to Right Person
Duty to Get Instructions

LIABILITIES OF A COMMON CARRIER

Common Carrier is insurer under English Common Law.
He is liable for damages to goods, not responsible under the
following circumstances.

The Act of God

Enemies of the state
Inherent Defect
Defective Packing
Fraud or Fault of Consignor

1. Under Carrier Act, 1865

Liability
Liability
Liability

in
in
in

Respect of Scheduled Goods

Respect of Non-scheduled Goods
Case of Criminal Act

RAILWAYS AS CARRIER
This media of transport is owned and run by the
Government.

It is not classified as Common Carriers.

The carriage of goods by railways is governed
by a separate statute namely Railways Act,
1890.

DEFINITION OF RAILWAY
Railway or any portion of Railway for public
carriage of passengers, animals or goods.

FORWARDING NOTE
Every consignor of goods or animals has to
execute a note in the form prescribed by
the railway administration and approved by
the Federal Government.

RAILWAY RECEIPT
Consignor is given a receipt thereby
acknowledging
the
goods
with
an
undertaking to carry them. This Receipt
serves as a document of title to the goods.

DUTIES OF RAILWAY ADMINISTRATION

Duty to provide Facilities

Duty to Treat Equally
Duty to Follow Direction

LIABILITIES OF RAILWAY ADMINISTRATION

Liability During Transit

Liability at Railways Risk
Liability at Owners Risk
Liability for Delay or Detention in Transit
Liability for Wrong Delivery
Liability after termination of Transit
Liability as a Carrier of Animals
Liability in Carriage of Passengers Luggage
Liability in Articles of Special Value
Liability in Case of Accident of Passenger
Liability in Case of Accident of a Person Other than
Passenger
Exoneration from Responsibility in Case of Goods Falsely
Described
Notification of Claims