Q.1 Define a Common Carrier. What are its essential elements? OR What is a common carrier? What are its essential features?
Ans. COMMON CARRIER
A common carrier has been defined under Section2 of the Carrier Act 1865 as:
“A person or an association or a body of person other than the government engaged in the business of transporting goods for hire by land or inland navigation for any one indiscrimindately”.
So a common carrier is a person or a body of person or an association, which is ever, ready to carry goods of all the persons as regular business to earn money and not as casual job or free of cost. He has no right to reject from carrying goods of any person without reasonable cause. He is also known as public carrier.
PARTIES IN CONTRACT OF CARRIER
There are three parties in a contract of carrier:
He is person who takes the responsibility to deliver goods on destination according to the instruction of consignor or shipper.
(b) CONSIGNOR OR SHIPPER
He is the owner of goods. He hire’s the carrier for the delivery of goods to consignee for some remuneration.
The person to whom the carrier delivers the goods according to the instruction of consignor.
A hires a truck to carry his goods to the factory of Z at a fare or reward of Rs. 10001=. Here A is the consignor who is the owner of goods. The truck owner or driver is the carrier, and Z is the consignee to whom goods are delivering. This is a contract of carrier.
ESSENTIALS OF A COMMON CARRIER
When we analysis the definition of a common carrier, we find the following essential feature of a common carrier.
A common carrier may be persona a partner ship, a joint stock company or a joint family.
SCOPE OF ACTIVITY
A common carrier transports goods or property and not persons.
A common carrier transports goods or property on hire and get his remuneration in the shape of money.
4. RUGULAR BUSINESS
Common carrier carries goods as a regular business and not as a casual occupation.
He severs all the people indiscriminately. A carrier who transports goods of some people and has right to accept or reject the goods of the other cannot be a common carrier.
6. NOT GOVERNMENT
A common carrier may be a person, a partnership or a company but it cannot be government.
7. PATH OF TRANSPORTATION
A common carrier may transport goods by land water or by air.
8. NO REFUSAL
A common carrier cannot refuse to transport the goods of any person without any reasonable cause. If he does so, an aggrieved party can take an action against him.
9. SCHEDULED SERVICE
A common carrier provides a declared scheduled service to all the persons.
10. RULES APPLICABLE
A common carrier is governed by the rules given in Carrier Act 1865.
KINDS OF CARRIER
There are three kinds of carrier.
1. COMMON CARRIER (Sec.2)
According to Section 2 of the carrier act 1865 “A person, firm or company, other than government engaged in the business of transporting goods (or hire from place to place, by land or inland navigation, for all persons indiscriminately”. Under a common law a common caner is insurer of goods handed over to him.
A common carrier is one who undertakes to carry goods for hire for every person who employs him, under some reward. He carries goods as a regular business to earn money. It is a public duty of the common carrier to transport goods with the reasonable payment of carriage. He is liable for loss or damages due to refusal to carry goods upon an offer for hire, but the common carrier has a right to refuse, to carry goods under unavoidable conditions. Railway and Airport being owned by government cannot be classified under the common carrier act 1865, although they are engaged in transport goods.
ESSENTIALS FEATURES OF A COMMON CARRIER
Following are the essential features of common carrier.
(1) INDIVIDUAL FIRM OR A COMPANY
The common carrier may be an individual, a firm or a company. The government departments who engage in business of transporting goods for hire like Railway, Post Office are not consider as common carrier.
(2) CARRIER OF GOODS
The carriers who engage in carrying goods are common carrier. The carriers engage in passengers, animals, birds are not common carrier. The trucks and loaders involves in carrying goods are the example of common carrier.
(3) REGULAR BUSINESS
To be a common carrier, he may carry goods as a business for money. One who carries goods free of cost, or only occasionally, not consider common carrier. So carrier must carries goods as his regular business.
(4) CARRIER GOODS OF ALL PERSON
A common carrier accepts the goods of any person without discrimination, but it is necessary that carrier is not already full and reward must be reasonable. So common carrier cannot refuse to deliver the goods without genuine reasons.
(5) CONTRACT OFCARRIAGE
The common carrier refers to the carriage of goods by land and inland water way6s. ft does not apply to carriage by seas or air. There are different terms in case of carriage by sea and air.
(6) NOT GOVERNMENT
The government departments like Railway and post office are not consider as common carrier though they carriers goods under some rewards.
Negotiation And It’s Modes Next Post:
EXCEPTION OF COMMON CARRIER OR WHEN COMMON CARRIER CAN REFUSE