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Responsibility Of Common Carrier And Bailee

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 Responsibility of Common Carrier and Bailee: We know that a Bailee is responsible only when the goods entrusted to him are lost or damaged due to his fault or negligence. But the responsibility of a common carrier is more onerous; he is to deliver the goods safely. Therefore, in the case of a common carrier, it is immaterial whether the loss or damage to the goods is due to his or someone else’s negligence.

 Distinction between a Common Carrier and a Private Carrier: The distinction between the two is as follows:
(i) A common carrier publicly undertakes to carry from place to place the goods of any person who chooses to employ him. A private carrier does not carry regularly from place to place but is an occasional carrier.
(ii) A common carrier is bound to carry the goods of any person provided certain conditions are satisfied. A private carrier is free to accept or reject the goods for carriage.
(iii) The liabilities of a common carrier are determined by the Common Carriers Act, 1865. A private carrier’s liability is not determined by the Common Carriers Act, 1865. He is liable as a Bailee as given in the Indian Contract Act, 1872.
CARRIAGE OF GOODS BY LAND
The Carriers Act, 1865 and the railways Act, 1890 apply to carriage of goods by land. Carriers act applies only to common carriers as distinguished from private carriers. A common carrier may be any individual, firm or company, which transports goods as regular business for money, over land or inland waterways. A

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