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Wednesday, 24 August 2011

What is common carrier and discuss the important features of common carrier

COMMON CARRIER:-

Carrier :-
A carrier is a person who agrees to carry goods or passengers from one place to another.


Definition of Common Carrier :-
Common carrier defines in the following words, "A person or an association r a body of persons other than the government engaged in the business of transporting of goods for hire by land on inland navigation for any one discriminate."


The above definition throws light on the following important features of common carrier :


1. Common Carrier :-
A common carrier may be one person, a firm ,a company or association of persons. Railway being owned by the govt. can not be called a common carrier.


2. Regular Business :-
If any carrier does not carry the goods regularly it is not called common carrier. To earn money a common carrier should carry the goods as a regular business.


3. Carrier Charges :-
If the goods are transported from one place to another free of charge it is not a common carrier. It charges the fare for transporting the goods from one place to another.


4. Services For All :-
A common carrier provides the services of transportation to all the people. It cannot refuse any person without any reasonable cause. If it reserves the right of rejection then it cannot be called a common carrier.


5. Carriage of Goods Only :-
Only goods are carried by the common carrier. Passengers are not allowed. If it carriers passengers then it is not a common carrier.


6. Carriage By Land and Inland :-
The act of common carrier does not apply by sea. The carriage must be made by land and inland through the carriage of goods by boats which sail in river or canal.


Exceptions :-
Some times common carrier may refuse lawfully in the following cases.

1. If goods are not packed properly.

2. If reasonable charges are not paid.

3. If the goods are dangerous nature.

4. If there is no space in carrier.

5. If goods are tendered at an unreasonable time.

1 comments:

adeeba sarfraz,  11 June 2013 04:44  

JAZAK ALLAH

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