The Law Relating to Carriage-1930

Common Carriers

 

Is the post office a common carrier?

The post office is not a common carrier. It in not an agent of the sender to deliver a postal article to the address.

Gratuitous Carrier:

A Gratuitous Carrier is one who carries goods or passengers without any charge. The owner of the motor car who gives a lift to a friend is a gratuitous carrier. 

 

Private carrier:

 A private carrier is one who does not do regular business as a carrier but occasionally carries goods for money. He is not bound to carry the goods of any and everybody.

Suppose that a contractor is a has a lorry which he uses mainly for transporting his own goods but sometimes he lets it out on hire to others.

Private carrier is occasional carrier. 

 

Duties of a common carrier:

The duty of a common carrier can be summed up as follows:

1)(a) Must carry goods without discrimination-

A common carrier is bound to carry goods of every person, without any distinction. But certain exceptions are recognized. A common carrier can refuge to carry under the following circumstances 

(i) if the customer is not willing to pay reasonable charges for the carriage;

(ii) if there is no accommodation in the carriage;

(iii) if the goods are dangerous or are of type which the carrier is not accustomed to carry; and

(iv) if the goods are to be carried over a route which the carrier is not familiar. 

 

(b)  Within time and at the place- The carrier must deliver the goods at the agreed time or within reasonable time. The place of delivery is subject to contract. 

 

(c) With safety- The goods must be carried with reasonable precautions for their safety and over the usual and ordinary route. 

 

(d) Must insure- According to English Common Law a common carrier of goods is an insurer, i. e., he is bound to indemnify the owner in full for loss or damage to the goods in course of carriage. 

 

(e) Without deviation- Deviation is not permitted unless rendered necessary by exceptional circumstances. 

 

 

Carriers of Passengers

A common carrier of passengers is one who is ready willing to accept anybody as a passenger. For example, a bus, a train or a auto rickshaw.

A carrier of passengers may be a common carrier or a private carrier or a gratuitous carrier.

A privet carrier of passenger of passenger is one who occasionally carries passengers for hire.

A gratuitous carrier of passengers is one who takes  a passengers without charge. 

 

The important rules regarding carriage of passengers are given below:

1.(1) A common carrier of passengers is bound to carry any member of the public who is desirous of being carried, except in the following cases-

       ( i) when the passengers is not willing to pay the stated fare

       (ii) when the passenger is unfit, i. e., suffering for some disease or 

             infirmity (illness over a long period).

       (iii) When there is no accommodation. 

 (2) The common carrier of passengers is not an insurer. He must, however, take due care and diligence.

 (3) He is liable for injuries caused by negligence to paid passengers also to passengers traveling free

       with his knowledge and consent.    

(4) But a passenger who, without the consent of the carrier is traveling without payment, is a trespasser 

     (a person who goes onto somebody’s land without permission) and is not entitled to damages even 

     though cause by negligence.

(5) A passenger injures by negligence is not entitled to damages if he is himself guilty of negligence. 

      This is known as the principle of contributory negligence. 

(6) The common carrier of passengers can limit his liabilities by contract with his passengers.