Define contract of carriage of goods and distinguish between a common carrier and a private carrier.

Law of Carriage of Goods  

Introduction:

In the commercial life of any country, the need for carrying goods from one place to another cannot be overemphasized. Also, goods are to be moved from one country to another. The persons, organizations or associations which carry goods are known as carriers.

Definition of a Contract of Carriage:

A contract of carriage of goods is a contract of bailment for reward. When any person or an organization by an express or implied contract with or without remuneration carriage goods or passenger is called a carriage. Govt. service can be called carrier if it comes within the above definition e.g. Bangladesh Railway and BRTC.

Classification of Carriers:

             1. Common carriers. 
          2. Private carriers.

Common Carriers:

The Carriers Act, 1865 defines a common carrier as any individual, firm or company. A carrier must carry goods for hire from one place to another is called a common carrier. He is bound to carry goods for all persons without any discrimination.

Private Carriers:

A private carrier is one who does not do regular business as a carrier but he may engage in some casual jobs of carrying goods for money.  In fact, he carries his own goods and that's why he is known as a private carrier.

Distinction between a Common Carrier and a Private Carrier: The distinction between the two is as follows:

(i) A common carrier undertakes to carry the goods of any person from place to place. A private carrier does not carry regularly. But he is an occasional carrier.

(ii) A common carrier is bound to carry the goods of any person provided certain conditions are satisfied. A private carrier is free to accept or reject the goods for carriage.

(iii) The liabilities of a common carrier are determined by the Common Carriers Act, 1865. A private carrier's liability is not determined by the Common Carriers Act, 1865. He is liable as a bailee as given in the Indian Contract Act, 1872.

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