Q.3 Describe the right of a common carrier.
Ans: RIGHTS OF A COMMON CARRIER
Following are the rights of a common carrier.
(1) RIGHT To RECEIVED CHARGES
A common carrier has a right to receive the charges, which is incurred by him for providing the service. If there is no agreement regarding carriage charges then it should be according to market trends or customs.
(2) RIGHT TO RETAIN GOODS
The common carrier has right to retain the goods and refuse to deliver the goods before the payment of his charges. He gives the services for reward so he has a right of lien and demands his carriage charges.
(3) RIGHTS TO RECEIVE ADVANCE PAYMENT
A common carrier has a right to receive advance payment of the service render by him. But it is necessary chat both the parties must decide it at the time of formation of contract.
(4) RIGHT TO STORE GOODS
If the goods are not perishable nature and consignee refuses to accept the delivery of goods then a common carrier has a right to store the goods. He can claim the expenses incurred by him for the storage of goods.
(5) RIGHT TO RECEIVED DAMAGES
If the goods are of dangerous nature and the consignor does not inform him, he has a right to receive damages in case of any loss. So it is necessary that the other party must mention the nature of goods clearly.
(6) RIGHT TO RECEIVE WAREHOUSE CHARGES
If the consignee does not accept the goods and he stores the goods at a warehouse, in such case he has a right to receive warehouse charges from consignee. If the consignee refuses to pay the expenses then Tie can retain the goods.
(7) RIGHT TO RECEIVE WRONG DELIVERY
He has right to receive back goods or their value from the person to whom goods are delivered wrongfuli9. It is necessary that destination for goods should be clearly mentions and carrier should also be careful to send the goods according to the specification of consignor.
(9) RIGHT TO SUE
He has a right to sue against the consignee, if he refuses to pay his charges without any reason. The carrier invests his time, energy and skill so he has a legal right to receive his agreed reward.
(10) RIGHT OF SELLING GOODS
In case of perishable goods if the consignee refuse to receive the delivery of goods, he has right to sell the goods after giving notice to the consignee. If the goods are perishable nature, he can also score goods and claimed warehouse charges.
(11) RIGHT TO REFUSE CARRY GOODS
If the goods, which offer for delivery is no properly packed, or the goods of dangerous nature or non-reasonable charges of delivery is offered, he has right to refuse to carry goods. So he is not bound to accept the offer in above conditions.
(12) RIGHT TO LIMIT HIS LIABILITY
He has right to limit his liability by a special contract with the consignee. It may possible by the consent of contract with the consignee. It may possibly the consent of contracting parties under certain circumstances.
EXCEPTION OF COMMON CARRIER OR WHEN COMMON CARRIER CAN REFUSE Next Post:
DUTIES OF COMMON CARRIER