Carriage of Good by land
The role of transport is very important in the development of commerce. It facilitates the movement of goods and labour. So the importance of the study of law relating to contract of carriage of goods is great. The carriage of goods may take place either by land or by sea or by air. Here we will discuss about the law of carriage of goods in land.
Contract of carriage and carrier definition
A contract whereby a person or company agree to carry goods or people from one place to another in return for a payment is known as a contract of carriage. The party who undertakes to carry the goods or people for payment is called the carrier.
He enjoys the discretion of accepting or rejecting any proposal for carriage of goods.
Duties of common carrier
Bound to carry goods along his usual route for any person offering to pay hire. Unless his vehicle is already full or the goods are inadequately packed.
Must follow the customary or agreed route. He must not deviate from it unless rendered necessary.
He must carry goods with reasonable care.
Delivery of goods at the right place with in reasonable time.
Bound to obey the instruction of the consignor as to alteration of delivery.
Right of common carrier
Reasonable remuneration , he can demand payment in advance as well
Particular lien over the goods
On refusal to accept delivery, to take such steps as are reasonable in the circumstance
Recover damages because of dangerous nature of goods not being explained to him by the consignor
Liabilities of common carrier
A common carrier is an insurer of goods. Except when the loss is caused by
Act of god
An inherent or latent vice in the goods themselves
The negligence of the consignor
Types of goods
For the purpose of carriage liabilities goods are two types
Scheduled goods: Include valuable goods such as gold, silver, precious stones, currency notes, maps title deeds, govt securities etc.
Non scheduled goods: The goods which are not in above categories is called non scheduled goods.
Liabilities for non scheduled and scheduled goods
For non scheduled goods a common carrier is like an insurer of goods in course of transit.
For scheduled goods, if the value and description of the goods have not been so declared by the consignor a common carrier not be held liable and if disclosed the carrier will be liable like an insurer
Railway as carrier
Rail transport is one of the chief means of land transport. Goods may be transported by railway either in goods train or passenger train. Generally perishable goods and small packages are mainly transported by passenger train.
The form which contains the description of goods, number of packages, weight , name and address of consignor and consignee, extent of the liability of the railway authority (RA), about freight provided by RA is called forwarding note.
On submission of the forwarding note to the railway parcel office the consigner is given a receipt acknowledging the goods and giving an undertaking to carry them in accordance with the instruction and subject to the terms and conditions printed on the back of the forwarding note. This receipt is railway receipt and serves as a document of goods.
Duties of railway administration
Afford all reasonable facilities for the receiving, forwarding and delivering of traffic without unreasonable delay.
Not to give any undue...