Bare Act Search Results

Carriers Act, 1865 Complete Act

State: Central

Year: 1865

.....was once supposed to be the exact position of a carrier who had contracted for himself as favourably as the law of England would permit. It was, in fact. long supposed in England that. while a carrier could by contract relieve himself from most of his liabilities, his power of doing so slopped short of liability for negligence or misconduct. Such is the view of the law taken by Mr.Justice Storey in his "Commentaries on the Law of Bailnients" section 549. and such is under stood to be still the law in America. But a series of decisions in the English Courts overturned the older doctrine, and it was settled that a carrier could, by a properly framed contract, deliver himself from liability even for misconduct or negligence. The liberty thus conceded was. however, found to be a practical evil and the English Legislature intervened by 17 and 18 Vic.. Cap 31. The nearly contemporaneous enactment of the Indian Legislature, embodied in Sec. XI of Act XVIII of 1854. is obviously aimed at the same object. It seems very undesirable to adopt the rule contained in section VII of 17 and 18 Vic. Cap. 31. which permits companies to contract themselves, on certain conditions, out of their.....