Liabilities of a Common Carrier

The liability of a common carrier of goods is laid down in the Carriers Act, 1865. For this purpose, the Act has classified the goods into two categories:

                             

(i)                 Scheduled goods and

(ii)               Non-scheduled goods.

The scheduled goods are those which are mentioned in a Schedule to the Act. They are valuable articles like gold, silver, precious stones, bills and hundis, currency and bank notes, musical and scientific instruments etc. All other goods are non-scheduled.

▲Rules regarding liability of a common carrier.

(1) The carrier is liable for loss and damage if the value of the scheduled articles is exceeding TK. 100.The following conditions must be fulfill.   

(a) If the value and the description of the goods are disclosed by the    consignor to the carrier.

(b) If the loss or damage is due to a criminal act of the carrier or his agent or servant.

(2)The carrier can charge extra for carrying scheduled articles, but he cannot limit his statutory liability by any special agreement.

(3)As regards non-scheduled articles, a common carrier can limit his liability by special agreement with the consignor.

(4)In case of loss or damage, the claimant must notify the carrier within six months of the date of knowledge of the loss or damage.

(5) The common carrier is liable for loss or damage caused by negligence or  criminal act done by himself  or his agent or servant.

(6)The above rules apply only to Common carrier as defined by the Common Carriers Act, 1865.Thus they do not apply to carrier of passengers or to railway.

What is Goods? Types of Goods

Rights of an Unpaid Seller against the goods

Essential Features of Right of Stoppage of Goods in Transit

Who is an Unpaid Seller? Characteristics of an Unpaid Seller  Buyers wrong is unforgivable in purchase  Rules regarding transfer of title on sale  What are the benefits of a Bonded Warehouse?  Effect of Pershing of Goods  Documents to Title To Goods  Who are the Common Carriers?  Difference between Common Carriers and Private Carriers ============================================================================== This site is mainly dedicated for Students of Law Schools, Law Universities, Students of Higher Education in Law, Admission in Law Schools, Scholars in Law, Students of Bar-at-Law, Law admission information, College of Law, Law Notes, Law Training, Law Tuition,  Law Study Guidelines, Business Law, Students of ACCA, CIMA, CFA,CA,ICWA,CPA, MBA,CMA