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.

Classification of carrier

Carrier are classified into two categories 1. Common carrier : A common carrier as a person including any association or body of person whether incorporated or not engaged in the business of transporting for hire property from place to place by land or inland navigation for all person indiscriminately. Features of common carrier May be an individual, a firm, an association of person or body corporate. Is one is engaged in the business of transporting goods for hire. The carriage must be by land or inland navigation. Is one who is bound to carry the goods of any person.

Exception: A common carrier can lawfully refuse to carry the goods under the following circumstance. If there is no space in his vehicle. If the goods are not of the type he usually professes to carry. If the goods are of dangerous nature and subject him to some extra ordinary risk. Destination is not on his normal route. Reasonable charges are not paid. For improper packaging.

2. Private carrier: A private carrier is one who makes no general offer but carriage goods as a casual occupation and not as business and for particular persons on special terms mutually agreed upon. 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 Countries enemies 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.

Forwarding note: 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.

Railway receipt: 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 or unreasonable preference or advantages to or in favor of any particular parson or any particular description of traffic. Comply with any directions given by the central govt in regard to transport of goods.

Liabilities of railway administration

Liability during transit: It will depend upon the consignor’s instruction in the forwarding note as to whether the goods are to be carried at railway risk or owner risk. If goods are carried at railway risk, the RA is liable for loss except the following case Act of gods Act of war Act of public enemies Act under legal process Order or restriction imposed by the central govt Act or omission or negligence of the consignor or the consignee or the agent of either Latent defects Fire, explosion or any unforeseen risk

Liability for delay or detention in transit The RA is responsible for loss caused by delay or detention unless it proves that the delay or detention arose without negligence on its part or any of its servants.

Liability for wrong delivery Where the RA delivers the goods in good faith to a person who produced the original railway receipt, it shall not be responsible on the ground that such person is not legally entitled to or that the endorsement on the railway receipt is forged.

Liability after termination of transit The liability of RA during seven days after the termination of transit is the same as that of a bailee for the loss of good, whether the goods are carried at owner risk or railway. Regarding the article of special value like gold, silver or explosive RA is not liable for the loss. If the goods are not unloaded form the railway wagons the RA will liable.

Liability as a carrier of animals In case of animal the liability of RA for loss or damages etc shall not exceed the amount specified in the first scheduled to the act. The railway is in no case responsible where the loss occur due to freight or restiveness if the animals or overloading of wagon by the consignor.

Liability in case of article of special value If the consignor hide item description in the forwarding note it not is liable for the RA.

Exoneration from responsibility

where the goods have been dispatch with false description and loss or damage is ,in any way, brought about by the false description where a fraud has been practiced by the consignor or consignee improper loading or unloading by the consignor or the consignee Riot, civil commotion, strike, look out, stoppage or restraint of labor from whatever cause whether partial or general.

Notification of claims

A person shall not be entitled to refund of an overcharge in respect for the loss, damage deterioration or non delivery of animals or goods unless his claim to the refund or compensation has been forwarded in writing by him or on his behalf a)