Q5. Describe the liabilities of a common carrier.
LIABILITIES OF COMMON CARRIER OR LIABILITIES UNDER COMMON LAW
Liabilities of carrier are similar to the liabilities of bailee following are the liabilities of common carrier:
(1) BY ACT OF GOD
He is not liable for any loss or damage arising from an act of God. Which means a happening of unexpected accident beyond the control of man. If vehicle is damage by lighting, fire or roadblock problem, the carrier will not liable.
(2) ENEMIES OF THE STATE
He is not liable for any injury suffers due to enemies of the state. i.e., less arises due to theft or shut down of factory are not included in it. it means an enemy attack on one country.
(3) NATURAL DETERIORATION
Carrier is not held responsible for any loss arising from natural deterioration of the goods. For example deterioration of vegetables, losing quality of milk or evaporation of liquids.
(4) DEFECTIVE PACKING
If the goods are damage due to lack of proper packing, carrier will not responsible. It is a duty of the consignor to properly pack the goods for he purpose of security. If the goods are damages even the goods where in proper packing, be carrier will held responsible to compensate the loss.
(5) CNSIGNOR OWN NEGLIGENCE
If the goods damages due to an act or negligence of the consignor, the carrier wail nor liable for it. It is a duty of the carrier to make sure that the goods are properly packed at the Lime of its loading.
(6) LIABILITY IN CASE OF CRIMINAL ACT
The carrier is liable for loss or damage to the goods caused by any criminal act of the carrier himself, his servant or agent and for unlawful act or misfeasance, i.e. he converts the goods to his own use or knowingly delivers the goods to a wrong a person. This liability cannot be comes to an end by a special agreement with the consignor. According to section 10 “in case of loss or damage the aggrieved party must notify his claim within 6 months if the date when he first knew of such loss or damage”.
(7) COMPENSATION OF INJURY
If due to the negligence of common carrier a passenger suffers injury he is liable to compensate such injured person, because it is the basic duty of common carrier to provide safe transportation.
(8) LIBAILITY FOR WRONG DELIVERY
If the goods are delivers to the wrong person and the consignee suffers loss due to such wrong delivery, he will be able for it. It is the duty of carrier to delivers the goods to the right person at right place.
(9) DELAY IN DELIVERY
If the go arc not delivers in time and the consignee suffer any loss, in which case common carrier is liable for it. The common carrier is bound to deliver the goods in time as per the direction of the consignor.
(10) LIABILITY FOR THE SAFETY OF GOODS
Common carrier is responsible for the safety of goods. If consignee suffers loss due to the negligence of common carrier, then he is responsible for it. It is necessary that goods must be property packed by the consignor.
(11) LIABILITY IN CASE OF SCHEDULE GOODS
Schedule goods are chose, which include valuable goods such as gold. Silver, diamond, Currency, title deeds. Carriage of goods act explains the list of schedule goods. Where the value of schedule goods may exceed the prescribed limit the carrier can’t be held liable even in spite of negligence on his part, if the value and description of such goods have not seen declared expressly by the consignor at the time when goods were handed over to the carrier, then he will not liable for any loss, But where the consignor fully disclosed the description and value of scheduled goods, the carrier will be liable foe the loss. He cannot limit his liability even by any special agreement but charge extra freight.
(12) LIABILITY IN RESPECT OF NON-SCHEDULE GOODS
These are goods, which do not exist in the list given by the act. The common carrier is not liable for any loss or damages as may be caused to such goods unless it is proved that there was negligence on the part of common carrier in the course of their carriages. He can limit his liability by special agreement with consignor.
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