Carriage of Goods

CORPORATE LAW
Week 11
Carriage of Goods
By
Muhammad Naveed Chohan
COMSATS LACASTER Dual Degree Programme
Thursday, December 12, 2013
OUTLINE
Carriage of Goods by Land Carriage of Goods by Sea Carriage of Goods by Air
CARRIAGE OF GOODS BY LAND

Laws: Common Carriers Act, 1865
Railways Act, 1890
What is Contract of Carriage?

A contract whereby a person or company agrees to carry goods or people from one place to another in return of payment is called a contract of carriage
What is Carrier?
The party or persons who carries goods or passengers for the payments whether by land, air, or sea is called a carrier

Kinds of Carrier:
Common Carrier Private Carrier
Common Carrier:
Any individual, firm or company other than the government engaged in the business or transporting for hier; goods from place to place, by land or inland navigation, for all persons indiscriminately
Feature of Common Carrier:

1. 2. 3. Common Carrier For Hire Regular Business 4. 5. Inland Navigation All Persons Indiscriminately with Exceptions
4

Rights of Common Carrier:
Right to get remuneration Right to retain Right to sue Right to recover expenses Right to recover damages Right to sell Right to give concession Right to refuse to carry goods Right to limit his liability

Duties of Common Carrier:
Duty to receive goods Duty o carry goods Duty to follow route Duty to deliver the goods Duty to carry goods safely Duty to provide suitable carrier Duty to deliver at proper place Duty to deliver to right person Duty to obey instructions

Liabilities of Common Carrier:
o o o o o
Under English Law

The act of God Enemies of the state Inherent defect Defective package Fraud or fault of consignor
o o o
Under Carriage Act, 1865

Liability in respect of scheduled goods Liability in respect of non-scheduled goods Liability in case of criminal act (Section 10 claim within 6 months)

Private Carrier:
A private carrier is one who does not make general offer but carries goods occasionally at his own discretion Main Elements Regarding Private Carrier: o o o o o o Carries goods for a particular person on some terms mutually agreed Not bound to carry goods for all Can accept or reject the goods Does not do business not regularly and as a casual contractor Common Carriers Act 1865 does not accept it Position as a bailee under Contract Act 1872

Railways as a Carrier
(Railways Act, 1890) What is Railway? (U/S 3) Railway means a railway or any portion of a railway for the public carriage of passengers, animals or goods Transpiration of Goods: o o In fright trains Passenger trains

Goods Received by Consignee and Report to Consignor Consignor Prepare Goods for Consignment
Carriage of goods by Railway and R/R by Consignor to consignee
Forward Note prepared by Consignor
Railway Receipt (R/R)

Fright Paid or Fright to pay

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Forwarding Note:
Consignor prepare it Description of goods, number of packages, weight, name, addresses of consignor and consignee, the liability of the railways, fright paid, in fright to pay, terms and condition of goods transported
Railway Receipt (R/R): Submission of Forwarding Note Parcel Office issue it Acknowledgment and undertaking Consignor send it to consignee
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Duties of Railway Administration:
Duty to provide facilities Duty to treat equally Duty to follow direction
Liabilities of Railway Administration: (U/S 73 - 82)

Liability at Railways Risk Liability at Owners Risk Liability for delay or detention in transit Liability for wrong delivery Liability after termination of transit Liability as carrier of animals Liability in carriage of passenger's luggage Liability in articles of special values
12

Liabilities of Railway Administration :
Liability in case of accident of passenger Liability in case of accident of a person other than passenger Responsibility in case of goods falsely described
Notification of Claims: (U/S 77)

In writing Within six months Not entitled to refund of overcharge in case of loss, destruction or deterioration unless present claim
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CARRIAGE OF GOODS BY SEA

Laws: Carriage of Goods by Sea Act, 1925
Bill of Lading Act, 1856
Contract of Affreightment:
The contract to carry goods by sea is called a contract of Affreightment. The consideration paid for the carriage is called fright. Contract of Affreightment is also called charter party
Parties in the Contract of Affreightment:

Consignor Ship Owner
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Charter Party:
A Charter party is an agreement in writing for the purpose of hiring of the whole ship or a part thereof for the purpose of carriage of goods. The person who hires the ship is called the charterer
Kinds of Charter Party:

Voyage Charter Party Time Charter Party Charter by Demise
Clauses of a Charter Party:

Name of the parties and of ship Class of the charter party Class of the ship
15

Clauses of a Charter Party:
Now at Seaworthiness and the fitness Port of loading Lay days and demurrage Law of merchandise Payment of freight Ship owner's lien Cesser clause Excepted perils clause Delivery of the goods in the usual manner
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Mates Receipt:
Goods Delivered Receipt issued by the mate of ship Acknowledgment that goods have been received on board Subsequently exchanged for a regular bill of lading
Bill of Lading: Master of the ship issues it In exchange of Mates Receipt Goods are placed on board of ship
Kinds of Bill of Lading:

1. Clean Bill of Lading 2. Qualified 3. Through
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Contents of Bill of Lading:
Stamped and signed by the ship owner/agent Identification of goods Number of packages or pieces or quantity or weight in writing by shipper Statement about condition of goods Name of ship, port of shipment, port of delivery and person to whom Accepted perils clause Amount of fright
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CARRIAGE OF GOODS BY AIR

Laws: Carriage of Goods by Air Act, 1934 Schedule No. 1 (Warsaw Convention Rules/Not Signed HP) Schedule No.2 (Signed Hague Protocol)
High Contracting Party:

Signatory to Warsaw Convention Rules and are called high contracting parties and Pakistan is a signatory
International Carriage:
Carriage in which, the place of departure and the place of destination are located within the territorial jurisdiction of two high contracting parties or within the jurisdiction of a single high contracting party, if there is an agreed stop over within the territory of another state even if that state may not be a high contracting party
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Documents of Carriage:
o o o o
Passenger Ticket
Place and date of issue Place of departure and destination Agreed stopping place Name and addresses of the carrier
o o o o o o o
Luggage Ticket
Registered luggage Place and date of issue Place of departure and destination and delivery to bearer of ticket Name and addresses of the carrier Number of passenger ticket Statement carriage is subject to rules Number and Wight of packages
20

o o o
Air way Bill (Air Consignment Note)

Every carrier has right to get it First part for carrier- Second part for consignee- Third part for consignor Separate Bill for each package
Contents of Air way Bill:

Place and date of execution Place of departure and destination Agreed stopping places Consignors name and address Consignees name and address Nature of goods Package details Wight, quantity and volume Thursday, December 12,
2013
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Contents of Air way Bill:
Conditions of goods and the packing Details about fright Amount of value declared Number of parts of air consignment note Documents handled to carrier Time and route of complete Statement regarding the rules relating to liability
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Right of Disposition of the Consignor: (U/R 12) Can withdraw or stop in the course of its journey and landing Deliver goods to any other person other than consignee
Right of Disposition of the Consignee:
Notice by carrier Delivery on payment charges Loss can enforce right
Liability of Carrier:
Pay damages No damages if it is proved reasonable measures have been taken
Realization of Damages: (U/R 26, 27& 30)

Damage 3 days from the date of receipt and 7 days in case of cargo Within 21 days in case of delay Complain/ Suit for damages
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End of Week # 9 and 10 Lecture Presentation Thanks for Patience
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Carriage of Goods

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CORPORATE LAW

COMSATS LACASTER Dual Degree Programme

Thursday, December 12, 2013

Thursday, December 12, 2013