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CORPORATE LAW

Week 11

Carriage of Goods
By
Muhammad Naveed Chohan

COMSATS –LACASTER Dual Degree Programme

Thursday, December 12, 2013

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OUTLINE
 Carriage of Goods by Land  Carriage of Goods by Sea  Carriage of Goods by Air

Thursday, December 12, 2013

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air. 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. December 12. or sea is called a carrier ’’ Thursday. 1865 Railways Act.CARRIAGE OF GOODS BY LAND Laws: Common Carriers Act. 2013 3 .

CARRIAGE OF GOODS BY LAND Kinds of Carrier:   Common Carrier Private Carrier Common Carrier: ‘‘Any individual. goods from place to place. 2013 . by land or inland navigation. for all persons indiscriminately’’ Feature of Common Carrier: 1. 3. firm or company other than the government engaged in the business or transporting for hier. 2. Inland Navigation All Persons Indiscriminately with Exceptions 4 Thursday. December 12. 5. Common Carrier For Hire Regular Business 4.

2013 5 .CARRIAGE OF GOODS BY LAND 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 Thursday. December 12.

2013 6 .CARRIAGE OF GOODS BY LAND 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 Thursday. December 12.

CARRIAGE OF GOODS BY LAND 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) Thursday. 2013 7 . December 12.

CARRIAGE OF GOODS BY LAND 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 Thursday. December 12. 2013 8 .

1890) What is Railway? (U/S 3) ‘‘Railway means a railway or any portion of a railway for the public carriage of passengers.CARRIAGE OF GOODS BY LAND Railways as a Carrier (Railways Act. animals or goods’’ Transpiration of Goods: o o In fright trains Passenger trains Thursday. December 12. 2013 9 .

December 12. 2013 Fright Paid or Fright to pay 10 .CARRIAGE OF GOODS BY LAND 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) Thursday.

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 Thursday. addresses of consignor and consignee.CARRIAGE OF GOODS BY LAND Forwarding Note:   Consignor prepare it Description of goods. weight. 2013 11 . number of packages. name. in fright to pay. December 12. fright paid. the liability of the railways.

2013 . December 12.CARRIAGE OF GOODS BY LAND 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 Railway’s Risk Liability at Owner’s 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 Thursday.

December 12.CARRIAGE OF GOODS BY LAND 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. 2013 13 . destruction or deterioration unless present claim Thursday.

Contract of Affreightment is also called charter party’’ Parties in the Contract of Affreightment:   Consignor Ship Owner Thursday. 2013 14 . The consideration paid for the carriage is called fright. 1925 Bill of Lading Act. 1856 Contract of Affreightment: ‘‘The contract to carry goods by sea is called a contract of Affreightment’.CARRIAGE OF GOODS BY SEA Laws: Carriage of Goods by Sea Act. December 12.

December 12. 2013 .CARRIAGE OF GOODS BY SEA 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 Thursday.

CARRIAGE OF GOODS BY SEA 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 Thursday. 2013 16 . December 12.

2013 .CARRIAGE OF GOODS BY SEA Mate’s 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 Mate’s Receipt Goods are placed on board of ship Kinds of Bill of Lading: 1. December 12. Through 17 Thursday. Clean Bill of Lading 2. Qualified 3.

port of delivery and person to whom Accepted perils clause Amount of fright Thursday. port of shipment. 2013 18 .CARRIAGE OF GOODS BY SEA 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. December 12.

1934 • Schedule No. if there is an agreed stop over within the territory of another state even if that state may not be a high contracting party’’ Thursday. 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.CARRIAGE OF GOODS BY AIR Laws: Carriage of Goods by Air Act.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. December 12. 2013 19 . 1 (Warsaw Convention Rules/Not Signed HP) • Schedule No.

2013 .CARRIAGE OF GOODS BY AIR 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 Thursday. December 12.

quantity and volume Thursday.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  Consignor’s name and address  Consignee’s name and address  Nature of goods  Package details  Wight.Second part for consignee.CARRIAGE OF GOODS BY AIR Documents of Carriage:  o o o Air way Bill (Air Consignment Note) Every carrier has right to get it First part for carrier. 2013 21 . December 12.

2013 22 . December 12.CARRIAGE OF GOODS BY AIR Documents of Carriage: 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 Thursday.

2013 23 .CARRIAGE OF GOODS BY AIR 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 Thursday. December 12.

2013 End of Week # 9 and 10 Lecture Presentation Thanks for Patience 24 . December 12.Thursday.