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Thursday, 25 August 2011

Describe the duties rights and liabilities of the common carrier

RIGHTS OF COMMON CARRIER :-
Following are the important rights of a common carrier :


1. Right of Reward :-
A common carrier has a right to charge a reasonable amount for his services.


2. Right to Retain the Goods :-
If the charges are not paid to him, he can refuse to deliver the goods until the payment is made.


3. Right of Advance Payment :-
He has also right to demand advance payment before he accepts the goods.


4. Right to Recover Damages :-
If the goods carried are in dangerous nature and cause any damage then common carrier has a right to recover such damage.


5. Right of Selling :-
A common carrier has right to sell the perishable goods after getting the instruction from the cosigner if consignee refuses to accept the delivery.


6. Expenses Recovery Right :-
Sometimes consignee refuses to accept the delivery. Due to this refusal he bears some expenses. These expenses can be recovered by the common carrier.


7. Right to Limit Liability :-
He has also a right to limit his liability by the special contract with consignor.


8. Refusal Right :-
In some special cases he can also refuse to carry the goods.


9. Right to Recover Goods :-
Sometimes a common carrier delivers the goods wrongfully to any person. He has a right to recover the goods or its value from that person.


10. Recovery of Loss Caused by Concealing :-
Sometimes consignor conceals the facts about the gods. Due to this common carrier suffers a loss. This loss can be recovered by him the consignor.



DUTIES OF COMMON CARRIER


1. Acceptance of Goods :-
It is the first duty of the common carrier that he should accept, the goods from any one who wants to employ him except in few special cases.


2. To Carry the Goods Safely :-
It is the duty of the common carrier that he should carry the goods safely. In case of loss or damage he will be responsible.


3. Common Route :-
He should carry the goods by the general route. He should avoid to adopt the shortest route. H should treat like the ordinary circumstances.


4. To Oby the Instructions :-
He should also obey the instructions of the sender the goods related to transportation.


5. In Time Delivery :-
It is the duty of the common carrier that he should deliver the goods within the time expressed in the contract.


6. Proper Place :-
He should also deliver the goods at a proper place mentioned in the contract.


7. Delivery To A Right Person :-
It is also the duty of the common carrier that should deliver the goods to the right person. Otherwise it will be held responsible.



LIABILITIES OF COMMON CARRIER:-
A common carrier is liable to pay all the loss caused by him to the goods or persons. But in some special cases like an act of God, and act of war, public enemies he will be not liable.


1. Liability In Case Of Wrong delivery :-
If the delivery is not made to the right person carrier is liable for that loss.


2. Liability In Case Of Negligence :-
Due to negligence of the carrier if any passenger is injured then carrier will be liable for the loss.


5 comments:

Aastha Jivrajani 24 August 2013 at 06:06  

Gud 1.....
Really helpful info.....!!!

M Ahmad 13 April 2014 at 07:21  

very nice,
very easy and informative and thanks for providing us such sort of material

c.a. vivek agarwal 11 May 2014 at 12:01  

very much helpfu for me.. thanx for the same

vivek,  11 May 2014 at 12:03  

very much helpful..thanx

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