The Law Relating to Carriage-1930

The Law Relating to Carriage-1930

Legislation relating to carriage:

The law relating to carriage may be studied under three heads:

1)Carriage by Land, including inland navigation

2)Carriage by Sea and

3)Carriage by Air Act-1972 

 

The statutes ( a law that is passed by a parliament) relating to carriage are mentioned bellow-

1)Carriage by Land-

     i) The Common Carriers Act-1865

     ii) The Railway Act-1890

2) Carriage by Water-

    i) The Bills of Lading Act-1856

    ii) The Carriage of Goods Act by Sea-1925

3) Carriage by Air-

    i) The Carriage by Air Act-1934 

 

Carriers

1.Definition:

 Any person or organization, by an express or implied contract, with or without remuneration, carries goods and/or passengers, is called “Carrier”.

Carriers may be classified into i) carriers of goods and ii) carriers of passengers

Another important classification of carriers are-

i)Common Carriers/ Public Carriers

ii)Private Carriers 

 

Common Carriers

1.Definition: 

The common carriers are those who are prepared to carry the goods of anyone without discrimination.

The Common Carries Act-1965 defines a common carrier as any individual, firm, or company (other than the govt.) who transport goods, as a business, for money, over land or inland waterways, without discrimination between different consignors. 

 

If a carrier reserves to himself the right to reject an offer he is not a common carrier. Example: A lorry of a transport company or a tempo.

( Belfast Ropework Co.,  V Bullshell, 1918) 

 

Characteristics of a common carrier:

i)(a) It may be a firm or an individual or a company. But the govt. is not included in the category.

ii)(b) Only carrier of goods come within the definition. A carrier of passengers is not a common carrier.

iii)(c) A common carrier is one who carries goods for business or money.

iv)(d) Who carries goods occasionally is not a common carrier. 

(e) Also one who carries goods free is not a common carrier.

(f) A common carrier is one who is ready to carry the goods of any person without any discrimination.

(g) The term common carrier is applied only in the case of carriage by land and over inland waterways.