Common Carrier - Law Dictionary Search Results
Home Dictionary Name: common carrierCommon carrier
Common carrier, the question in any particular case whether the carrier was a common carrier or a private carrier has therefore to be decided on the ascertainment of what he publicly professes. This profession, it need hardly be mentioned, may be by public notice or by actual indiscriminate carrying of goods. It is also clear that the profession to carry goods indiscriminately may be limited to particular goods or to particular routes or even as to two or more specified points, River Steam Navigation Co. Ltd. v. Shyam Sunder Tea Co. Ltd., AIR 1962 SC 1276 (1279): (1962) 2 SCR 802. [Carriers Act, 1865, ss. 2 and 3]Is not by his description of his own business, al-though if may be inferred from the character of that business that he is a common carrier, Upston v. Slark, (1827) 2 C&P 598.Whether or not a person is a common carrier is in every case a question of fact, Belfast Ropework Co. Ltd. v. Bushell, (1918) 1 KB 210 (215) per Bailhache, J.'Common carrier' denotes a person, other than ...
common carrier
common carrier : a business or agency that is available to the public for transportation of persons, goods, or messages compare contract carrier ...
Carrier
Carrier, in its general sense, a person who undertakes to transport the goods of other persons from one place to another for hire. It is not, however, every person who undertakes to carry goods for hire that is deemed a common carrier.A carrier of passengers is liable only for negligence and not as an insurer, Redhead v. Midland R. Co., (1869) LR 4 QB 379.To bring a person within the description of a common carrier, he must exercise it as a public employment; he must undertake to carry goods for persons generally; and he must hold himself out as ready to transport goods for hire, as a business, not as a casual occupation, pro hac vice.The two obligations of a common carrier of goods are (1) to carry for everybody, and (2) to answer for all things carried as an insurer, unless lost or injured by the act of God or the King's enemies.The second obligation, that of an insurer, is restricted by the (English) Carriers Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 68), which protects carriers from liabi...
carrier
carrier 1 : an individual or entity engaged in transporting passengers or goods for hire by land, water, or air ;specif : common carrier 2 : an insurer that assumes the risks of a policy that it issues to a policyholder ...
contract carrier
contract carrier : a transport line that carries persons or property under contract to one or a limited number of shippers compare common carrier ...
Hire
Hire [locatio, conductio, Lat.], a bailment for a reward or compensation. It is divisible into four sorts:-(1) The hiring of a thing for use (locatio rei). (2) The hiring of work and labour (locatio operis faciendi). (3) The hiring of care and services to be performed or bestowed on the thing delivered (locatio custodi'). (4) The hiring of the carriage of goods (locatio operis mercium vehendarum) from one place to another. The three last are but sub-divisions of the general head of hire of labour and services.The rights, duties, and obligations of the parties resulting from the contract of bailment for hire may be thus stated:-(I.) Hire of things. The letting to hire implies an obligation to deliver the thing to the hirer; to refrain from every obstruction to the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in order to enable him to use the thing, or to perfor...
Act of God
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
Limited liability
Limited liability. At Common Law every person is liable, upon his contracts, up to the whole amount of his estate, and every partner is so liable upon all the contracts of the partnership. So extensive a liability being apt to prevent persons from engaging in business as partners, the statutes authorizing the construction of railways, etc., have always limited the liability of each shareholder to the amount of the shares held by him. Similar limitations, extending in some cases to double the amount of shares held, have also long been found (though not universally) in the charters of incorporated banks and insurance companies.Companies Acts.--Under the Companies Acts, limited liability means that the members are not liable beyond the unpaid-up part (if any) of the nominal amount of the shares in respect of which they are registered in the books of the company. When a share has been fully paid up, no further liability exists. As to shares which have not been fully paid up, see CONTRIBUTO...
Passenger
Passenger, 'passenger' any person on a railway in any description or class of traveling train or carriage on payment of his fare, whether at full rates or at concessional rates. Railway Passengers Fare Act, 1971, s.2(b) trespasser or person traveling without ticket or pass or authority in not a passenger, Sundari v. Union of India, AIR 1984 All 277 (278).Means a person travelling with a valid pass or ticket. [Railways Act, 1989 (24 of 1989), s. 2(29)]A Railway servant on duty is not a passenger, AIR 1988 Pat 130 (132).Passenger, is a person whom a common carrier has contracted to carry from one place to another, Sundari v. Union of India, AIR 1984 All 277.Means a person whom a common carrier has contracted to carry from one place to another, Black's Law Dictionary.Means a traveller in or on a public or private conveyance other than the driver, pilot crew, etc., New India Assurance Co. Ltd. v. Annakutty, AIR 1993 Ker 299: (1993) ILR 1 Ker 850: (1993) 1 ACC 684: (1992) 2 Ker LJ 858: (199...
Charter-party
Charter-party [fr. Charta partita, Lat., a divided charter; charte partie, Fr.]. When notaries were less common there was only one instrument made for both parties; this they cut in two, and give each his portion; an agreement in writing by which a ship owners agrees to let an entire ship, or part thereof, to a merchant, for the carriage of goods on a specified voyage, or during a specified period, for a sum of money which the merchant agrees to pay as freight for their carriage. By such an agreement the ship is said to be chartered to the merchant, who is called the charter. There are certain terms usually to be found in all charter-parties, e.g., a statement of the burthen of the ship, an undertaking by the ship-owner that the ship, being seaworthy and furnished with necessaries, shall be ready by a certain day to receive the cargo, shall sail when loaded, and deliver her cargo at her port of destination (the act of God or the King's enemies excepted), the charterer undertaking to lo...
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