LAW OF CARRIAGE:-
Defination of law of carriage:
Law of carriage means carrying goods from one place to another against the price. It is the branch of business. Carriage is the basis for the management and operation of business successfully and effectively. It is the factor of business activity that helps to mobilize the labor, raw material, and tools and machinery etc. Modern business activity are based on the exchange of goods and transportation of goods from one place to another. According to section 65 of Nepal contract act.2056 ,”a contract is related to carriage shall be deemed to have been concluded, if it provides for transportation of goods from one place to another.” Classification of carriage: carriage can be classified into so many types but some of them are classified below they are as follows: 1.on the basis of fare or charges.
-Charge or fare carriage
-Non charge or non fare carriage
2.on the basis of things to carry
3.on the basis of service
4.on the basis of way
-Carriage from land
-Carriage from air
-Carriage from sea
IMPORTANCE OF CARRIAGE
There are many importance of carriage for some of them are explained in points. They are as follows: 1. To operate and control the carriage business.
2. To settle the dispute legally, which are arise in carriage business. 3. To manage the rights and duties of carrier.
4. To supply raw material and distribute the finished product promptly for the effective marketing. 5. To increase and make easier for international trade and helps to national economy prosper.
RIGHT OF PUBLIC CARRIER.
1. Right to receive the fare or charges.
2. Right to receive the additional charges.
3. Right to take necessary step.
4. Right to take damages.
5. Right to sale the goods.
6. Right to limit the liability.
7. Right of particular lien.
8. Right to reject to carry goods.
DUTIES OF PUBLIC CARRIER.
1. To provide the service without any discrimination.
2. To provide the service according to agreed route.
3. To provide the service according to mentioned in contract i.e, place, time and person. 4. To do the work according to the owner of good or consignor. 5. To communicate the owner for any problems are arises in the transit. 6. To follow the instruction of consignor.
LIABILITIES OF PUBLIC CARRIER.
The liabilities are classified into different law. Different law classified it according to their countries rules and laws. Some of them are classified below. 1. According to English law, the public carrier is the insures, so if any loss or damages are arrived in transit at that time the public carrier is responsible for such damages. Some of the exception of this rule are as follows: i. When the damages are caused by natural calamity.
ii. When the damages are caused by an enemy of the domestic country. iii. When the damages are caused by negligence of client. iv. When the damages are caused by delay.
v. When the damages are caused by perishable natural of goods. 2. According to Indian carriage act. 1865, the liabilities of public carrier is depend upon the category of goods. The goods can be categorized in scheduled and non scheduled goods. i. The scheduled goods are the valuable which are mentioned in the act such as – gold, silver, pearl, precious stones, jewelers, bills, bundies, currencies, notes, maps, government securities. The carrier should liable for any loss or damages of this kind of good except in the uncontrollable forces. ii. The non schedule goods are those which need not be included in the list of scheduled goods. A public carrier is liable for any loss or damages of goods; while they are in transit except in uncontrollable circumstances. 3. According to Nepal contract act 2056, this law can explain the both the laws which explained above. And include the following liabilities...