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LAW OF CARRIAGE
Meaning & importance of law of carriage
The term carriage means transporting goods or passengers
from one place to another that may be within or outside the
country. The party who undertakes to carry goods or people is
called the carrier.
A contract of carriage may be defined as, a contract, whereby a
person or firm or company agrees to carry goods or people from
one place to another in return for a payment.
According to section 65.1 of NCA, 2056, a contract of carriage
is deemed to have been concluded if it provides for
transportation of goods from one place to another.
Again, section 65.2 states the carriage contract of carriage as,
the receipt to be issued by the carrier to the owner of the goods
for the purpose of carriage, is regarded as the proof of contract
of carriage between them.
Hence, the term contract of carriage is a contract concluded
between to persons or parties to carry goods or passenger from
one place to another for money.
The following points reveal the importance of this sort of law:1) To facilitate, regulate & regularize the relation between the
owners & carriers.
b) Carrier of goods
This cost of carrier carries only goods & no passenger.
3) On the basis of service
a) Private carrier
A private carrier is one who doesnt do regular business as a
carrier but occasionally carries others goods for money.
b) Common or public carrier
Any individual firm or company other than the government.
Who transports goods as a business for money over the land or
in land, water ways without discrimination between consigners
consignors is called a common carrier.
Rights of common carrier
The carrier which is used for transportation services is a public
or common carrier. A common enjoys curtain rights.
They are:1) Right to receive remuneration
A common carrier carries goods always on hire. The amount of
carriage payable to the carrier will usually be mentioned in the
contract.
2) Right to receive reasonable charge
A common carrier is entitled to receive reasonable charges for
his work.
7) Right to sell
Under the following circumstances a common carrier may enjoy
a right to sell them either
a) If the goods are perishable.
b) If they are supposed to be perished by the time when they
arrived at the place of delivery.
c) If it is not possible to inform the sender of such matter.
8) Right to take necessary action
If the consignee (one who receive goods) doesnt accept
delivery, the carrier will be entitled to take any of the following
steps:a) If the goods are perishable, he can be informing to the
sender, sell them in the market.
b) If the goods are not perishable but are refuse to be accepted
by the consignee, he can until he gets further instruction
from the sender, keep the goods in the nearby go down for
necessary protection.
c) He can recover from the sender the sums paid by him to the
go down keeper or other necessary expenses incurred by
him for the protection of goods.
9) Right to limit liabilities
Under some special conditions, robbery, theft, fire, rain,
accident, etc. the carrier may limit his liability by entering into a
special contract with the consigner.
2) Receipt of carriage
It contain the name of the ship & the condition of the goods
loaded in the ship along with the time & the port delivery & the
name of the consignee.
3) contract
bill of lading is a contract made between shipper & the shipping
company for the carriage of goods through sea route.
4) Document of title
As a document of title, anybody having this bill will enjoy a
right to take delivery of goods from the company.
5) Semi-negotiable instrument
Bill of lading is not a fully negotiable because it the title of the
endorser of this bill is defective, the title of the endorsee will
also be defective.
Document of carriage
Following are some of the important documents of carriage by
airs:1) Passenger ticket
The carrier is liable to issue a ticket to the passenger. The
passenger ticket shall be contained following particulars:a) name & address of the airway company
b) name & number of the airplane