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I. INGATE V CHRISTIE
Everybody who undertakes to carry for anyone who asks him is a common carrier. The criterion
is whether he carries for a particular person only, or for everyone. If a man holds himself out
to do it for everyone who asks him, is a common carrier but if he does not do it for everyone
but carries for you and me only, then it is a matter of special contract.
II. RIVER STEAM NAVIGATION CO. LTD V SHYAM SUNDER TEA CORP, 1962 (2) SCR 802
There is nothing in common law which hinders a carrier from carrying for favoured individuals
at an unreasonably low rate, or even gratuitously. All that law requires is that he should not
1. Owner,
2. Transporter/carrier.
CAN THERE BE DOUBLE INSURANCE ON THE SAME GOODS?
§10 of the Carriage by Road Act, 2007. Value of good he carries, the freight he charges and
the nature of goods. These three things determined by the contract of carriage. Has to be in
writing. If goods are expensive dangerous etc., freight may be extra (§11 of Carriage by Road
Act, 2007)
If route deviated, contract of carriage has not been followed properly. Any loss, damage to
Risk will increase, change in time, charge will change, issues in insurance.
To exercise lien, when consignee becomes insolvent and freight will not be paid. Duty of carrier
Whether the carrier is worthy to sustain perils of the road. Of three types –
There must be bona fide grounds for refusal, otherwise, cannot refuse.
BILL OF LADING
Literary meaning is to unlock the warehouse, to claim own goods. Three parties, consignor
Purposes
1. It is a formal receipt by the ship owner acknowledging the goods have been received,
2. Bill of lading is evidence of contract of carriage, incorporating the details (rules and
3. Document of title of the goods, belongs to the consignee (buyer). Shows constructive
Bill of Lading due to its freely transferrable nature, its considered a Negotiable Instrument.
Carver Bill of Lading is a document issued by or on behalf of the carrier of goods by sea to
If some slot/space is left, will be offered to carry charter party bill of lading/slot charter
party contract.
c. Number of packages/pieces
2. Apparent conditions of the goods [10% damaged – Claused/dirty Bill of Lading etc],
6. Name of the port of loading and the date on which the goods were taken over by the
11. The freight charged and if not paid in advance, who will pay the freight
12. The date or period of delivery at the port of discharge, if expressly agreed upon,
3. Shipped (received + shipped) and Received Bill of Lading (goods received by carrier,
5. Switch Bill of Lading – can alteration be made to the bill subsequently? Who will do?
TYPES OF NAVIGATION/SHIPPING
Tramp – wherever the carrier receives cargo, navigation can start from there itself. (most
preferred)
1. Sea worthiness – Absolute sea worthiness is expected in charter party contract, and in
bill of lading, due diligence is expected. Competent crew members and requisite
equipment must be there. Can this be contracted out? Exclusion clause? No. party
2. Reasonable dispatch – Dispatch must take place within reasonable time. Time is of
essence
4. Not to load goods liable to cause danger or delay to the ship (dangerous goods)
FORWARD FREIGHT AGREEMENT
Whatever freight is fixed today, will apply when charter party contract is in force. Freight is
Lumpsum Freight
Advanced Freight
Pro-Rate Freight
Dead Freight
Back Freight
TYPES
13/10/17
§6 and §26 of SOGA, physical risks, financial risks, risk of credit worthiness, the buyers
acceptance risk, legal risk and political risks (international sales contract)
1. Party Autonomy
2. Binding Nature
3. No fixed format
5. Duty of confidentiality