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The Law Relating to Carriage

Legislation Relating to Carriage

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


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2.

3.

Carriage by Land, including inland navigation Carriage by Sea Carriage by Air.


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Indian statutes relating to the law of carriage

Indian statutes relating to the law of carriage are mentioned below: Carriage by Land
1. The Common Carriers Act, 1865 Deals with Common carriers of goods over land and inland water-ways 2. The Railways Act, 1890 Deals with carriage by railways
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Indian statutes relating to the law of carriage

Carriage by Sea 1. The Indian Bills of Lading Act, 1856. 2. The Carriage of Goods by Sea Act, 1925. 3. The Merchant Shipping Act, 1958. 4. The Marine Insurance Act, 1963. Carriage by Air-Carriage by Air Act, 1972.
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Indian statutes relating to the law of carriage

The statutes mentioned above are not exhaustive. On all points not specifically covered by them.

Indian courts apply principles of English law as rules of equity and good conscience.
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Definition of Carriers

Any person or an organization, by an express or implied contract, with or without remuneration, carries goods and/or passengers, is called a Carrier. Government services can be called carrier if it comes within the above definition, e.g., Indian Railways, Calcutta State Transport Corporation, C.T.C. etc.
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Definition of Carriers

Carriers may be classified into carriers of goods and carriers of passengers. The same carrier may of course carry both goods and passengers. It is more usual to classify carriers into Common Carriers or Public Carriers, and Private Carriers.
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Differences Between Common Carriers and Private Carriers


1.

2.

3.

A common carrier is one whose business is carriage of goods for hire. A private carrier is an occasional carrier. A common carrier is bound to carry the goods of any person who is ready to pay the usual freight, provided certain conditions (relating to space, type of goods, etc.) are fulfilled. A private carrier is free to carry goods or not as be pleases. The liabilities of a common carrier are determined by the Common Carriers Act, 1865. A private carrier is not governed by this Act.
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Duties of a Common Carrier

The duties of a common carrier in India are determined by the Common Carriers Act and by the rules of English law. The duties can be summed up as follows:
1. A common carrier is bound to carry the goods of every person, without any distinction.

Duties of a Common Carrier

A common carrier can refuse to carry under the following circumstances:


a) if the customer is not willing to pay reasonable charges for the carriage; b) if there Is no accommodation in the carriage; c) if the goods are dangerous or are of a type which the carrier is not accustomed to carry; and d) if the goods are to be carried over a route with which the carrier is not familiar.
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Duties of a Common Carrier


2.

3. 4.

The carrier must deliver the goods at the agreed time or (if no time had been agreed upon) within a reasonable time. The place of delivery is subject to contract. The goods must be carried with reasonable precautions for their safety and over the usual and ordinary route.

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Duties of a Common Carrier


5.

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

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Rights, Duties and Liabilities of Private Carriers

A private carrier is not governed by the Common Carriers Act, 1865. Thus he is bound to take as much care of the goods entrusted to him as a man of ordinary prudence would take under similar circumstances, of his own goods of the same quality, bulk and size.
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Carriers of Passengers

A carrier of passengers may be a common carrier or a private carrier A common carrier of passengers is one who is ready and willing to accept anybody as a passenger, e.g., a bus, a train or a taxi. A private carrier of passengers is one who occasionally carries passengers for hire. A gratuitous carrier of passengers is one who takes a passenger without charge.
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Duties of Railways

Under the Railways Act, the railway administration has certain statutory duties. These duties are similar to the duties of a common carrier as provided under the Common Carriers Act of 1865 and the rules of English common law. Section 28 of the Railways Act of 1890 provides as follows:
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Duties of Railways

A railway administration shall not make or give any undue or unreasonable preference or advantage to, or in favor of, any particular person of railway administration, or any particular description of traffic, in any respect whatsoever, or subject to any particular person or railway administration or any particular description of traffic to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
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Duties of Railways

The railway administration is bound (like a common carrier to carry goods of every person provided the necessary freight is paid and the regulation concerning packing etc., are observed. The railway administration is also bound to carry every passenger who pays the necessary fare.
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Duties of Railways

It cannot discriminate between different passengers on any ground. It can therefore be said that the railway administration is a common carrier, so far as its duties are concerned.

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CHARTER-PARTY

A Charter-Party may be defined as an agreement in writing for the purpose of hiring an entire ship or a part thereof for the purpose of carriage of goods. The person hiring the ship or a part of it is called the charterer.

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CHARTER-PARTY
Classification. The following types of charter-party are found
1. A charter-party for a particular period of time is called a Time Charter. 2. A charter-party for a particular voyage is called a Voyage Charter. 3. The terms of the Charter-party may amount to a lease or demise of the whole ship to the charter for a stated period.
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CHARTER-PARTY
Terms of charter-party. A charter-party is deemed to contain all the terms of the contract between the charterer and the ship-owner. The clauses in a charter-party usually deal with the following matters:
1. 2.

Name of the parties and of the ship. Nationality of the ship.


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CHARTER-PARTY
3.

4.

5.
6. 7.

The class of charter-party, and its rating in the Lloyds Register. A statement on the location of the ship and the place of loading. The ship owners guarantee of fitness. The manner in which the voyage is to be conducted. The duties of the Master or the Captain.

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CHARTER-PARTY
8.

The carrying capacity of the ship. The liabilities of the charterer regarding freight etc.

9.

10.

The excepted perils i.e., an enumeration of the circumstances under which the ship-owner will not be liable to pay compensation for loss or damage to goods.

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CHARTER-PARTY
11.

The terms regarding loading, unloading, lay days and demurrage. Circumstances under which the contract will be cancelled and the penalties to which the parties may be liable for non-fulfillment of the terms.

12.

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THE BILL OF LADING


Definition. A Bill of Lading is a receipt for goods delivered to a ship for carriage. A bill of lading is used when the goods shipped form only a part of the cargo of the ship.

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THE BILL OF LADING


Characteristics. A bill of lading has the following characteristics:
1.

It is signed by the ship-owner or his agent. Usually the captain of the ship, as the ship owner's agent signs the bill of lading.

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THE BILL OF LADING


2.

The bill of lading is evidence of the contract for the carriage of goods.
Some of the terms may be written down on the bill of lading. The Carriage of Goods by Sea Act of 1925 provides that the following particulars must be incorporated in every bill of lading issued from an Indian port:

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THE BILL OF LADING


a)

b)

c)

The leading marks necessary for the identification of the goods (such marks being stamped or otherwise shown on the goods or on the cases or packages) the number of packages or pieces or the quantity or weight as furnished by the shipper; the apparent order and condition of the goods.

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THE BILL OF LADING


3.

4.

The bill of lading is prima facie evidence of the receipt of the goods by the carrier. The bill of lading is a document of title to the goods covered by the bill. The ownership of the goods can be transferred by endorsement and delivery of the bill of lading.
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Duties of a Carrier by Sea

1.

The Carriage of Goods by Sea Act of 1925 imposes the following duties on the carrier of goods by sea from an Indian port: The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to,
a) Make the ship seaworthy; b) Properly man, equip and supply the ship; c) Make the holds, refrigerating and Cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.
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Duties of a Carrier by Sea


2.

The carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.

3.

After receiving the goods in his charge, the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading containing the prescribed particulars.

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International Carriage by Air


Definition. Under the carriage by Air Act of 1972, International Carriage means, Carriage when the place of departure and the place of destination of an aircraft are situated within the territory of two high contracting parties or within the territory of a single high contracting party if there is agreed of stopping place within the territory subject to the sovereignty, suzerainty, mandate or authority of another power.
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International Carriage by Air


Other features of international carriage are stated below:

The rules of the Carriage by Air Act of 1972 apply to baggage or cargo performed by aircraft for reward. The rules also apply gratuitous carriage by aircraft performed an air transport undertaking.
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International Carriage by Air

Carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage if it has been regarded by the parties as a single operation.Rule 1 (4), 2nd Schedule.

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International Carriage by Air

These rules apply to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in rule 1, (above). These rules shall not apply to carriage of mail and postal packages.Rule 2(1) and (2), 2nd Schedule.

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