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.
|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.
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.|
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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