DIFFERENCE BETWEEN COMMON CARRIER AND PRIVATE CARRIER

by • 07/01/2013 • B.com part 2 Business LawComments (0)244

Q.11 Differentiate between common carrier and private carrier.

 

Ans: DIFFERENCE BETWEEN COMMON CARRIER AND PRIVATE CARRIER

Following are the points of distinction between a common carrier and a private carrier.

COMMON CARRIER

PRIVATE CARRIER

The Carriers Act 1865 applies to a common carrier. The Contract Act 1872 applies to a private carrier.
2. REGULAR BUSINESS

A common carrier carries goods as regular business goods as a regular business to earn money.

A private carrier carries goods occasionally and not as a regular business.

 

3. DISCRIMINATION

A common carrier offers his services to all persons indiscriminately.

A private carrier restricts his offer only to those people with whom he has special contracts.
4. REJECTION OF OFFER

A common carrier cannot reject an offer for carriage of goods except in those circumstances, which are covered by the exceptions.

A private carrier reserves to himself the right to reject any offer for carriage of goods.
5. DAMAGES

If a common carrier rejects an offer for carriage of goods on any ground, other than one covered by the exceptions, he can be sued for damages.

As a private carrier reserves his right to reject an offer, therefore, he cannot be used for damages if he rejects an offer for carriage of goods.

 

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