EXCEPTION OF COMMON CARRIER OR WHEN COMMON CARRIER CAN REFUSE

by • 07/01/2013 • GeneralComments (0)479

Q2. EXCEPTION OF COMMON CARRIER OR WHEN COMMON CARRIER CAN REFUSE.

 

A common carrier can refuse to carry goods in following circumstances:

 

1. If he has insufficient of no room in his vehicle to carries goods.

2. If he does not carry such goods due to any reason.

3. If goods offers to carries are on the way of his customary route.

4. If the goods are full of damages or risk.

5. If these are no reasonable reward to carries goods due to long distance.

6. If the goods are not offered at a reasonable time..

7. If the packing of goods in is not in proper form.

8. If the nature of product is not dear due to packing in strong cases.

9. If the goods are prohibited by law of state.

If the common carrier, without any above reasons refuses to carry the goods for delivery, he can, be sued for damages.

 

(2) PRIVATE CARRIER

In case of private carrier a person carry goods occasionally or by special agreement and does not make general offer. He carries goods for a specific person or firm for agreed reward under an agreement. He is not responsible to accept and carry goods for every person indiscriminately. He is in position to accept or reject offer for carriage of goods because he is not a regular carrier, because he carries the goods occasionally. He has the responsibility just as the responsibility of a bailee who is liable to compensate the damages, which are due to his negligence.

 

EXAMPLE

The Coca Cola Company, Walls Ice Cream and Super Asia supply their products by their own loader and trucks. Theses are the examples of private carrier.

 

(3) VOLUNTARY CARRIER OR GRATUITOUS CARRIER

Gratuitous carrier takes a responsibility to carry goods or passenger without any carriage or reward. He voluntary performs his duty only for the welfare of others. If the refuse to carry goods, or passengers no action can be taken against him due to lack of consideration. But if he accepts the’ offer and promise to carry goods or passenger then he will be responsible to perform his duty and his position is like a bailee.

 

EXAMPLE

Where car owner gives a lift to an old man, he will consider as gratuitous carrier.

 

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