Transportation Law,

CARRIAGE Contracts and Insurances

Lasalle College
CARRIAGE OF GOODS
INTERMEDIARIES
Custom Marine
Government
depts: health,
s insurance defence,
broker safety,
agency agriculture

Port Freight
Airport
Authorit Authority forwarder
y

Logistic
Customs
broker s
provider
FREIGHT FORWARDER
An independent agent whose services help exporters transport their
goods smoothly.
Only substantial or experienced exporters can themseleves act as
freight forwarders in a cost-effective manner.
Tends to take on 3 roles: marketing representative, documentation
agent ans shipping manager.
Extremely helpful to small or new exporters.
Usually fees charged as a percentage of the freight costs.
CUSTOMS BROKER

Facilitates the import of goods into a country.

Determines the eligible duties and excise taxes, clears the goods
through customs.
MARINE INSURANCE
BROKER

Assists in the selection of the appropriate insurance policy for the

entrepreneur.
LOGISTICS PROVIDER

Often done by a freight forwarder or third party logistics company.

Negotiates freight rates with transport providers along various routes

and modes of transportation and then recommends the best
transportation plan to efficiently balance cost, speed and reliability
for exporters.
CUSTOMS AGENCY

Customs agencies and border security agents are the point of entry
through which goods must pass to reach an international shipping
destination.

They review the necessary paperwork to determine whether national

rules and regulations have been followed, and they inspect goods to
ensure they align with documentation presented.
PORT AUTHORITY

Nationally or regionally legislated agency responsible primarily for

shipping ports.

Vital service ensuring that connections can be made, goods can be

imported and exported effectively, and people can travel safely.
In addition to international regulations, individual states also have
specific national legislation addressing the transportation of various
types of dangerous goods within their borders.

Experienced consultants should be hired to review the host of

legislation, regulations and compliance requirements in each
jurisdiction through which the goods may pass.
TRANSPORTATION LAW

transportation

private law administrativ penal &

(contract law) e law criminal law
CONTRACT OF
CARRIAGE
NOTION
2030. A contract of carriage is a contract by which one person, the
carrier, undertakes principally to carry a person or property from one
place to another, in return for a price which another person, the
passenger or the shipper or receiver of the property, undertakes to pay
at the agreed time.
CONTRACT OF CARRIAGE

carriage

Carrier Shipper,
passenger or
receiver

price
CCQ 2031

Successive Carriage Combined Carriage

effected by several carriers in effected by several carriers in
succession, using the same mode succession, using different modes
of transportation of transportation
SUCCESSIVE OR
COMBINED CARRIAGE
2039. In the case of successive or combined carriage of persons, the
carrier who effects the carriage in the course of which the injury
occurs is liable therefor, unless one of the carriers has, by express
stipulation, assumed liability for the entire journey.
LIMITATION OF
LIABILITY
2034. A carrier may not exclude or limit his liability except to the
extent and subject to the conditions established by law.
He is bound to make reparation for injury resulting from delay, unless
he proves superior force.
SUBSTITUTE CARRIER
2035. Where the carrier entrusts another carrier with the performance
of all or part of his obligation, the substitute carrier is deemed to be a
party to the contract.
The shipper is discharged by payment to one of the carriers.
CARRIAGE OF
PERSONS
LIABILITY: PASSENGER
2036. Carriage of persons includes, in addition to carriage itself,
embarking and disembarking operations.

2037. The carrier is bound to convey his passengers safe and sound to
their destination.
The carrier is bound to make reparation for injury suffered by a
passenger unless he proves it was caused by superior force or by the
state of health or fault of the passenger. He is also bound to make
reparation where the injury is caused by his state of health or that of
one of his subordinates or by the condition or working of the vehicle.
LIABILITY: LUGGAGE
2038. The carrier is liable for any loss of the luggage or other effects
placed in his care by a passenger, unless he proves superior force, an
inherent defect in the property or the fault of the passenger.
However, the carrier is not liable for any loss of documents, money or
other property of great value, unless he agreed to carry the property
after its nature or value was declared to him; moreover, the carrier is
not liable for any loss of hand luggage or other effects which remain
in the care of the passenger, unless the passenger proves the fault of
the carrier.
CARRIAGE OF
PROPERTY
2040. Carriage of property extends from the time the carrier receives
the property into his charge for carriage until its delivery.
BILL OF LADING
2041. A bill of lading is a writing which evidences a contract for the
carriage of property.
A bill of lading states the names of the shipper, receiver and carrier
and, where applicable, of the person who is to pay the freight and
carriage charges. It also states the place and date of receipt of the
property by the carrier into his charge, the points of origin and
destination, the freight as well as the nature, quantity, volume or
weight and apparent condition of the property and any dangerous
properties it may have.
BILL OF LADING, CONT.
2042. The bill of lading is issued in several copies; the issuing carrier
keeps a copy and gives one to the shipper; another copy accompanies
the property to its destination.

In the absence of any evidence to the contrary, the bill of lading is

proof of the receipt of the property by the carrier into his charge and
of its nature, quantity and apparent condition.
BILL OF LADING, CONT.
2043. A bill of lading is not negotiable, unless otherwise provided by
law or by the contract.

Negotiation of a negotiable bill of lading is effected by endorsement

and delivery, or by mere delivery if the bill is made to bearer.
BILL OF LADING, CONT.
2044. The carrier is bound to deliver the property to the receiver or to
the holder of the bill of lading.

The holder of a bill of lading is bound to hand it over to the carrier

when he demands delivery of the property.
NOTICE
2046. The carrier is bound to notify the receiver of the arrival of the
property and of the time allowed to remove it, unless it is delivered to
the receiver's residence or premises.
DELIVERY
2047. Where the receiver cannot be found or refuses or neglects to
take delivery of the property or where, for any other reason, the
carrier cannot deliver the property through no fault of his own, the
carrier shall notify the shipper without delay and request instructions
as to disposal of the property; in an emergency, however, the carrier
may dispose of perishable property without notice.

If the carrier receives no instructions within 15 days of notification, he

may return the property to the shipper at the shipper's expense or
dispose of it in accordance with the rules contained in Book Four on
Property concerning the holder of property entrusted and forgotten.
LIABILITY
2049. The carrier is bound to carry the property to its destination.
He is bound to make reparation for injury resulting from the carriage,
unless he proves that the loss was caused by superior force, an
inherent defect in the property or natural shrinkage.
LIABILITY IN CASE OF
LOSS
2052. The liability of the carrier, in the case of loss, may not exceed
the value of the property declared by the shipper.

If no value has been declared, it is established on the basis of the

value of the property at the place and time of shipment.
DOCUMENTS, MONEY OR
PROPERTY OF GREAT VALUE
2053. No carrier is bound to carry documents, money or property of
great value.

If a carrier agrees to carry that type of property, he is not liable for

loss unless its nature or value has been declared to him; any deceitful
declaration which misleads as to the nature of the property or inflates
its value exempts the carrier from all liability.
DANGEROUS PROPERTY
2054. A shipper who places dangerous property into the charge of a
carrier without prior disclosure of its exact nature shall indemnify the
carrier for any injury he suffers by reason of carriage of the property.

In addition, the shipper shall pay any storage charges for the property
and assume all the risks attached to it.
INACCURATE
DECLARATIONS
2055. The shipper is bound to make reparation for injury suffered by
the carrier as a result of an inherent defect in the property or any
omission, deficiency or inaccuracy in the shipper's declarations as to
the property carried.

However, the carrier remains liable to third persons who suffer injury
as a result of any of these acts or omissions, subject to his remedy
against the shipper.
PAYMENT
2056. The freight and carriage charges are payable before delivery,
unless otherwise stipulated in the bill of lading.

In either case, if the property is not as described in the contract or if

its value is greater than the declared amount, the carrier may claim the
amount he could have charged for its carriage.
RETENTION OF
SHIPMENT
2058. The carrier may retain the property carried until the freight, the
carriage charges and any reasonable storage charges are paid.

If, according to the shipper's instructions, those amounts are payable

by the receiver and the carrier does not demand payment of them, he
loses his right to claim them from the shipper.