Carriage of Good

8/3/2019 Carriage of Good

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Presented by:UZMA IMRAN

ROMANA PATELL

CARRIAGE OF GOODS BY LAND


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INTRODUCTION

The law relating to carriage of goods may be studiedunder three heads :

Carriage by land

Carriage by sea

Carriage by air

The law relating to carriage of goods by land iscontained in :

The common carriers Act 1865

The railway Act 1890


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DEFINITION

Contract Of Carriage:

A contract where by 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.

Carrier:

The party or person who carries goods or passengers for

payment whether by land , air ,or sea is called the Carrier.


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KINDS OF CARRIER

Following are the kinds of carrier:

1) Common Carrier for all persons indiscriminately

2) Private Carrier carries goods occasionally.

for a particular persons.

can accept or reject the offer.


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Features of A Common Carrier

1) Common Carrier

2) For Hire

3) Regular Business

4) Inland Navigation5) All persons Indiscriminately


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Exceptions Of Common Carrier

1) If the vehicle is already full.

2) If the goods are such nature which he does not carry.

3) If the goods are of dangerous nature and may result in 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 offered at an unreasonable hour.

7) If the goods are not properly packed. 8) If the consigner refuses to disclose the nature of goods offered for

carriage.


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Difference b/w common carrier & Private

carrier

COMMON CARRIER:

ACT:

1865 PERSONS:

all people indiscriminately. REGULAR BUSINESS:

Carries as a regular business. REJECTION OF OFFER:

cannot reject the goods forcarriage- only under somespecial circumstances.

DAMAGES:

he can be sued and made liable

for damages. HIRE:

for hire. TERMS:

fixed terms.

PRIVATE CARRIER:

1872.

particular person on some special termsmutually agreed upon.

casual occupation- not as a regularbusiness.

can reject without any reasons.

cannot be sued

for hire or free of charge.

through negotiation.


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RIGHTS AND DUTIES OF

COMMON CARRIER


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Rights Of Common Carrier Get remuneration Retain

Sue

Recover Expenses Recover Damages

Sell

Give concession Refuse to Carry Goods

Limit his liability


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Duties of Common Carrier Receive Goods

Carry Goods

Follow Route

carry Goods Safely

provide Suitable Carrier

Deliver at proper place

Deliver to Right Person

Obey instructions


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The Exceptions Of Carrier Being Liable For

Loss

The Act of God

Enemies of the state

Inherent Defects Defective Packing

Fraud or Fault of consignor


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Under carrier Act, 1865 The liability of a common carrier is similar to that of a

bailee. The carrier is is liable only if the loss occurs

due to his fault or negligence. The goods for purpose

of the carriers liability are classified into two

categories namely scheduled goods and non-scheduledgoods.


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Liability in respect of scheduled goods:

The scheduled goods are gold silver, precious stones,currency, title deeds etc


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Liability for non-scheduled goods

not liable unless proved negligence on the part of thecommon carrier.


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Liability in case of criminal act The carrier is always liable for loss or damage to the

goods caused by any criminal act of the carrier himself


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Railway As Carrier


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Forwarding noteRailway Receipt (R/R)


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1) to provide facility

2) to treat equally

3) to follow directions


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1)Liability at railway risk:

responsible for any loss. Except Act of God, Act of

war or Fire explosion etc

2) Liability at owners risk:

owners risk unless proved negligence or

mishandling.

3) Liability for delay or detention in transit :not responsible unless the proved negligence or

misconduct of railway.


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4) Liability for wrong delivery:

to the person who produces the original railway

receipt.5) Liability after Termination of Transit:

during seven days after the termination of transitis the same as that of a bailey under contract act.

6) Liability as a Carrier of Animals:

liability shall not exceed:

Elephant Rs.50,000

Horned cattle or camel Rs.15,000Horse Rs.10,000

Dog, Donkey, Goat or Bird Rs.1000


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7) Liability in carriage of passengers luggage:

has not been booked and the passenger takes with him at

his own risk.

8) Liability in article of special value:

not exceeding the declared value

9) Liability in case of accident of passenger:liable to pay Rs.100000 to the heirs of deceased and

Rs.10000 to the injured passenger.


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10) Liability in case of accident of a person other than

passenger:

due to railways negligence.

11) Responsibility in case of goods falsely described:

not responsible

12) Notification of claim:in writing within six months


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Carriage of Good

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