CARRIAGE OF GOODSEconomic 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 CARRIAGEA 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.

CARRIERThe party 02 person who carries goods or passenger, for payment is called the carrier.

KINDS OF CARRIER

Common Carrier

Private Carrier

Gratuitous Carrier

COMMON CARRIERAny 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.

FEATURESCOMMON CARRIER

FOR HIRE

REGULAR BUSINESS

INLAND NAVIGATION

ALL PERSONS INDISCRIMINATELY

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

The Act of GodEnemies of the stateInherent DefectDefective PackingFraud or Fault of Consignor

Under Carrier Act, 1865

Liability in Respect of Scheduled GoodsLiability in Respect of Non-scheduled GoodsLiability in Case of Criminal Act

RAILWAYS AS CARRIERThis 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 RAILWAYRailway or any portion of Railway for public carriage of passengers, animals or goods.

FORWARDING NOTEEvery 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 RECEIPTConsignor 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 ADMINISTRATIONDuty to provide Facilities

Duty to Treat Equally

Duty to Follow Direction

LIABILITIES OF RAILWAY ADMINISTRATIONLiability During TransitLiability at Railways RiskLiability at Owners RiskLiability for Delay or Detention in TransitLiability for Wrong DeliveryLiability after termination of TransitLiability as a Carrier of AnimalsLiability in Carriage of Passengers LuggageLiability in Articles of Special ValueLiability in Case of Accident of PassengerLiability in Case of Accident of a Person Other than PassengerExoneration from Responsibility in Case of Goods Falsely DescribedNotification of Claims