THE NATURE AND DUTIES OF A COMMON CARRIER

 

A common carrier is one who holds himself out as being ready for hire to transport from place to place, either by land, sea or air, the goods for anyone (or for that any passengers) wishing to employ him. He must do it as a business and not as a casual operation. He is bound to carry all goods offered to him by persons willing to pay his hirer unless he has no room in his vehicle, the goods offered are not of the kind he professes to carry, the destination is not one to which he usual travels, the goods are offered at an unreasonable hour, the goods are not properly packed or reasonable charges are not paid in advance.

      i.         The below are the duties of a common carrier:

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

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.

Use Common Route: He should carry the goods by the general route. He should avoid adopting the shortest route. He should treat the ordinary circumstances.

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

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

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

Delivery to the 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.

    ii.         In contrast to common carriage, a private carrier is not an insurer of cargo. The private carrier is liable only if damage is proximately caused by a specific breach of the charter. Furthermore, the burden of proving damage, as well as its cause, remains with cargo interest.

b.   provision of section 8 of the Sale of Goods Act, it can be deduced that the price must be monetary which; may be fixed by the parties, or; may be left to be fixed in a manner provided by the contract for instance by valuation or arbitration; or may be determined by the course of dealings between the parties the parties such as through previous transactions between them or any relevant custom of trade or profession. However, if the price is not so fixed or determined, there is a presumption that the buy will pay a reasonable price. Section 9(1) provides that where there is an agreement to sell goods on the terms that the price is to be fixed by the valuation of a third party and the third party failed to make such valuation, the agreement is void. But in a situation where the goods or part of them have been delivered to and appropriated by the buyer, he must pay a reasonable price. Section 9(2) provides that where such valuation by the third party is prevented by fault of either the buyer or the seller, the non defaulting party may maintain an action against the party with fault.