WELCOME!

TEAM
Members:

1. (1611) Tasniva Chowdhury Mumu

2. (1612) Farzana Islam Chandmony

WARRIORS
3. (1613) Tahia Tasnim
4. (1614) Nipa Devi
5. (1615) Munmun Islam Mou
6. (1616) Farzana Afroz {Leader}
 OUR
OUR ASSIGNED TOPIC:
ASSIGNED TOPIC:

LAW OF CARRIAGES
CARRIAGES BY LAND
BY LAND

Course
CourseCode:
Code:MGT
MGT202
202
Course
CourseTitle:
Title:Legal
LegalEnvironment
EnvironmentofofBusiness-1
Business-1
FARZANA AFROZ
ID NO:1616
INTRODUCTION
CONTRACT OF CARRIAGES
CARRIAGES
TYPES OF CARRIAGES
CARRIER
TYPES OF CARRIER
 INTRODUCTION

Transport plays an important role in economic

development of a country. It facilitates the movement of
goods and labor. Hench, carriage of goods from one place
to another within the one country to another plays an
important role in commercial life of modern world.
 WHAT IS CONTRACT OF CARRIAGE?

A contract of carriage is a contract between

a carrier of goods or passengers and the
consignee according to the court of law.
 The law relating to carrying of goods by land is
contained in the following enactments:

The Carriage
of goods by
land

The Carriers The Railways

Act, 1865 Act, 1890
 WHAT IS CARRIAGE?

The term 'carriage' means transporting goods or

passengers from one place to another that
may be within or outside the country.

The law which regulates the relationship between the carrier and the
owner of goods is called; law of carriage
 TYPES OF CARRIAGES

Carriage of goods, in law,

means the transferring of goods
through land (including inland
navigation) by relevant parties.

Carriages of passenger, A person

who hires a common carrier of
passengers gratuitously is called a
passenger of a carriage. The carriage
of passengers act, 1855.
 WHAT IS A CARRIER?

According to the Collins English Dictionary, “A carrier is

a person, thing or organization employed to carry goods,
passengers etc”. The laws related to carriage in Bangladesh
are mainly “ the Carriers Act ,1865”
 FEATURES OF CARRIER:

 A carrier may be any person or firm

or organization.
 It carries goods or passengers.
 It acts within the country or abroad.
 Providing carriage service at a proper place and time is
the major duty of a carrier.
TASNIVA CHAWDHURY MUMU
Name:
ID NO:Tasniva
1611 Chowdhury mumu
Id no: 1611

Common carrier
Key takeaways
How common carriers work
Credit card insurance and common carrier
Rights, duties and liabilities of a common carrier.
 Carriages by Land

(1) THE COMMON CARRIER:

According to the common carrier act 1865- “A common carrier as

an individual, firm or company (other than the government) who
transport goods as a business, for money, over land or inland
waterways without discrimination between different consignors.”
 Key Takeaways:

 A common carrier is a private or public entity that transports

goods or people for a fee.

 Utility companies and telecommunications companies also are

considered common carriers.

 A common carrier, unlike a private carrier, must provide its service

to anyone willing to pay its fee.

 A utility may be considered a common carrier because it makes

no distinction in its customers. It is available to anyone in its
coverage area who is willing to pay the fee.
Characteristics:

1. The person must be engaged in the business of transporting. Where a man carries goods
occasionally or by special agreement, it is not a common carrier.
2. Generally, common carriers are carriers of goods for money. It can be noted that a post
office is not a common carrier though it is a carrier of goods.
3. The common carrier should get some consideration for carriage. it is not a common carrier
when there is no consideration.
4. The most important characteristic of a common carrier is that it must carry for all persons
indiscriminately. If it retains the right to choose as among persons or goods, it is not a
common carrier.
A common carrier is lawfully justified in refusing to carry
the goods –

1. If the conveyance is already full;

2. If the goods subject is to some extraordinary risk or danger;
3. If the goods are such that the carrier is not in the habit of carrying or
does not profess to carry;
4. If the goods are to be carried over a route over which it does not operate.
5. If the consignor is not willing to pay reasonable charges for the carriage;
6. If the goods are not properly packed;
THE RIGHTS OF A COMMON CARRIER:

 Right of Reward
 Right to Retain the Goods
 Right of Advance Payment
 Right to Recover Damages
 Right of Selling
 Expenses Recovery Right
 Right to Limit Liability
 Refusal Right
 Right to Recover Goods
 THE DUTIES OF A COMMON CARRIER:
1. A common carrier is must carry the goods of every person, without any
distinction.

2. The carrier must deliver the goods at the agreed time -or (if no time had been
agreed upon) within a reasonable time.

3. The goods must be carried with reasonable precautions for their safety and
over the usual and ordinary route.

4. A carrier is bound to indemnify the owner in full for loss or damage to the
goods in course of carriage.

5. Deviations are not -permitted unless rendered necessary by exceptional

circumstances.
TAHIA TASNIM
ID NO: 1613

Private carrier
Key takers
Salient feature of private carrier
Differences between common carrier
and
Private carrier
 Carriages by Land

(2) THE PRIVATE CARRIER:

A private carrier is one who does not do regular business as a

carrier but occasionally carries goods for money.
 Key Takeaways:

 A private carrier refers to a company that owns the vehicles

used to transport its own goods.
 There are a wide variety of reasons a company may opt to
be a private carrier and invest in its own transportation
fleet.
 Some companies go the opposite direction as well, moving
from common carrier to private carrier. Because private
carriers primarily ship their own goods, they can use the
livery of the vehicle for advertising purposes.
 Salient Features:

 Companies wish to have their own fleet to have

independence with the cost per volume of goods
transported.
 They make use of contract carriers when their own fleet
falls short.
 The company vehicle may also aid in advertising purposes.
 They have their own discretion to sell their services or not.
 The distinction between the Common Carrier and the Private
Carrier is as follows:

Category Common Carrier Private Carrier

Definition A common carrier is one who is hired and Private Carrier is an occasional
bound to carry goods of anyone from one carrier.
place to another.

Compulsion A common carrier is bound to carry goods A private carrier is not bound to
of anyone carry goods of anyone.

Since this carrier renders valuable This carrier carries goods for
Dependence services for all groups of society, its special group of persons by
business is to be affected with a public special contact.
interest.
Category Common Carrier Private Carrier

The liabilities of a common carrier are A private carrier is not defined

Liabilities demarcated by the common carrier act of under such act rather a private
1865. carrier is liable as a Bailee as per
the Indian act of 1872.

Terms Terms of Carriage are fixed Terms of Carriage can be

Negotiated

Rights to No Right to Reject or Refuse for carrier Right to Reject or Refuse for
reject carrier

Public buses, Railways etc, A private taxi cab.

Example
NIPA DEVI
ID NO: 1614

Gratuitous carrier
Railway as carrier
Duties of Railways administration
Rights of railways
Important aspects
 Carriages by Land

(3) THE GRATUITOUS CARRIER:

A gratuitous carrier is anyone who agrees to move goods
from one place to another without any charge or reward.
Suppose, the owner of a motor car who gives a lift to a friend
is a gratuitous carrier.
 Gratuitous Bailee must exercise at least the diligence and care to be
expected of a reasonable person in handling his or her own property.

 No action can be taken against him if he refuses to accept the goods and
passengers.

 An agreement of carriage with a gratuitous carrier is void because of

want of consideration.

 If he undertakes to carry the goods or passengers then he will also be

responsible for the loss caused by him.

 Negligence by the gratuitous carrier is actionable.

Carriages by Land

(4) RAILWAY AS CARRIER:

When, the contract of carrying goods is done by
the railway is called the carriages of goods by
railways. The carriage of goods by rail is
regulated by The Railways Act, 1890.
 THE DUTIES OF RAILWAY:

1. A railway administration shall not give any unreasonable

advantage to, or in favor of, any particular person of the
administration, in any respect whatever.

2. The railway administration is bound to carry every person

provided the necessary freight is paid and the regulation
concerning package etc. are observed.

3. It cannot discriminate between different passengers on any

ground.
 THE RIGHTS OF RAILWAY:
1. The Act gives certain privileges to the railway administration.

2. Bye-laws may be framed regarding the mode of carriages of goods of

passengers.

3. No person is allowed to carry illegal or offensive goods.

4. Violation of the provision of the Railways Act and of the bye-laws are
punishable by the court.

5. The Railway possesses a lien on the goods carried, for freight and
other charges if any carriers.
MUNMUN ISLAM MOU
ID NO: 1615

Responsibility of a railway
administration as a carrier of
goods

Rights of railways
administration
Important aspects of Railways:

 According to section 61 of the act, every railway administration must

maintain rate books.
 According to section 63, if the goods are entrusted to a railway
administration for the carriage, then such type of carriages shall be at
railway risk rate, except where owner’s risk rate is applicable in respect of
such goods.
 According to Section 64, a forwarding note should be executed by each
and every person entrusting any goods to a railway administration for
carriage in the form as specified by the Central Government.
Important aspects of Railways:

 According to section 65, a railway receipt shall be issued by the

railway administration, as specified by the Central Government, in
case the goods are to be loaded by a person or on the acceptance of
the goods.

 According to section 67, dangerous and offensive carriage should

not be carried by any person unless the danger involved and
offensiveness of the carriage is approved by the railway
administration.
Disposal of Unremoved Goods
The Indian Railways Act was amended in 1976 providing that essential
goods booked to certain notified stations must be removed within seven
days from the termination of transit. Essential goods means food stuffs,
sugar etc. Stations means certain prescribed stations. If the goods are
not removed within seven days, the goods are to be confiscated and to
be sold by public auction. The sale is to be notified to local newspapers
or any other prescribed manner. The goods may be sold to co-
operatives. The sale proceeds will be given to the owners, less than
expenses of the railways.-(Sec. 56 B to E).
THANK YOU FOR
YOUR PATIENCE.
THE END!