Law of Carriage .

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According to Civil Code 2074, Sec 602 , A contract of carriage of goods is transportation of goods from one place to another. However, The Civil Code 2074, does not regulate the carriage of goods by land, transport, ropeway, packed animal etc.

Types of carrier

A carrier is a person or a company who carries good from one place to another for payment. Carrier may be of two types and they are:

i) Common carrier: Common carrier is a person or company who carries goods of general public without discrimination for a charge on a regular basis.

ii) Private carrier: Private carrier is an occasional carrier. It acts on the basis of individual contract.

Rights, Duties and Liabilities of common carriers

The rights of common carrier are as follows –

  1. Right to receive the remuneration.
  2. Right to receive extra charge.
  3. Right to refuse.
  4. Right to travel from a regular route.
  5. Right to lien.
  6. Right to sale.
  7. Right to store.
  8. Right to limit the liability.
  9. Right of compensation.
  10. Right to insure.

Duties of common carrier are as follows-

  1. Duty to carry.
  2. Delivery to right person.
  3. Duty not to discriminate.
  4. Duty to carry on a regular route.
  5. Duty to compensate.

Liabilities of common carrier are as follows-

  1. Liability for undeclared goods.
  2. Liability for declared goods.
  3. The carrier is not liable when there is fundamental change in the circumstances which makes the performance impossible.







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