What are the rights and duties of a common carrier when he carriage of goods by Land?

Carriage of Goods by Land

Rights of a Common Carrier.

1.      He is entitled to the settled remuneration and in case no remuneration was settled, to a reasonable remuneration. What is reasonable remuneration is depends on the circumstance of the case. 

2.      He has a right to refuse to carry goods under certain circumstances-

A.    If the goods are dangerous in nature

B.     If there is no accommodation in carriage.

C.     If the goods are to be carried over a route which is not his regular route;

D.    If the consignor refuses to disclose the nature of the goods.

E.     If the goods are not properly packed.

3.      He has a lien on the goods for his remuneration. He can refuse to deliver them until his charges are paid. This is known as the carrier Lien.

4.      If the consignee refuses to accept delivery of the goods, then the common carrier has a right, to deal with the goods as he thinks reasonable and prudent under the circumstances.  After giving notice to the consignee, the common carrier may even sell perishable goods. He can recover all reasonable expenses incured by him in this connection with whom the contract of carriage was entered into.

5.      He can recover damages from the consignor if the goods are dangerous or are loosely packed as a result the carrier suffers injury therefrom.

6.      He can limit his liability subject to the provisions of the Carriers Act.

Duties of a Common Carrier.

The duties of a common carrier is determined by the Common Carriers Act, 1865.The duties are as follows-

1.      A common carrier is bound to carry goods of all persons without any discrimination. However he can, refuse to carry goods under the following circumstances:

a.       If there is no accommodation in the carriage.

b.      If the person is not willing to pay reasonable charges for the carriage of goods.

c.       If the goods are dangerous in nature and the goods is not accustomed to carry.

d.      If the goods are to be carried over a route which is not his regular route;

e.       If the consignor refuses to disclose the nature of the goods to be carried.

f.       If the goods are not properly packed.

         

Note: If a carrier refuses to carry the goods of a person without the above mentioned reasons, he can be sued and the customer can recover damages.

2.      He must carry the goods over the usual and ordinary route and take all reasonable precautions for their safe carriage. He must not change the usual route unless necessary by exceptional circumstance.

3.      He must deliver the goods at the agreed time and if no time had been fixed, within a reasonable time. The place of delivery is subject to contract.

4.      According to Common Law, he is an insurer of the goods because he warrants carrying the goods safely and securely, and he is bound to indemnify the owner for loss or damage to the goods in course of carriage.