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
The major reason of railroads abandoning significant number of miles of track (over 260,000) has been the rapid inter-model transportation competition. Since the gradual deregulation of railroad industry, the two major industry segments in motor carrier transportation have been truck load (TL) and less-than truck load (LTL) industries. TL and LTL industry segments have rapidly developed after the US government reregulated the transportation industry. There has been an increasing competition of rail boxcars with trucking industry. The improvement of water ways carried out by the engineering corps of the U.S army has also led to increased competition between inter-modal transportation carriers. The trend is
Of the three forms of transportation, rail has the highest fixed costs, motor carriers the greatest variable costs, and air transport, the greatest variable costs of service and logistics optimization. Starting with rail, the cost structure has the highest fixed cost components, driven by infrastructure and terminal costs. Rail is therefore the most difficult to negotiate a lower transportation cost for, as the fixed costs form an inflexible pricing structure for retail service providers. The quality of rail service varies significantly across nations and regions as well, leading to greater variability in costs when a shipment moves across national and regional boundaries. Given the highly fixed cost structure of rail systems, there is significant room for improvement from an efficiency standpoint. The use of containerization is continually adding to greater efficiencies to this mode of transport (Jennings, Holcomb, 1996).
a) Postal materials—numerous suppliers of necessary postal and packaging materials. Switching costs are not high. The postal materials suppliers have low bargaining power.
(2) A broad scope of conference activities to enable carriers to discuss and fix prices and conditions of service, pool earnings and traffic, allot ports, regulate sailings, limit the volume and character of cargo carried, engage in exclusive working arrangements, enter into agreements to regulate and prevent competition among themselves, and bring intermodal cargo transportation under the ambit of permissible conference agreements.
Since the legitimate framework in the United States is based upon regular law and common or statutory. Normal law depends on legal point of reference or guideline of law created from previous court choice. For this situation transportation is a zone of concern in light of the fact that it can control states obligation in reference transportation. The basic law methodology fits well with free market economy in light of the fact that the individual is the center of consideration and can take part in any business that is not denied. Every individual is viewed as preparing equivalent power and obligation in the eyes of the law take for moment normal carriage in which transportation suppliers were obliged to serve all shippers and charge sensible rates without separation.(Coyle, Novak, Gibson, Bardi, 2011, pp
commercial transport of passengers. Though the idea of the train had been around for around
Negligence occurs when a citizen has suffered loss due to the carelessness of another. The first element of a negligence case is to find if the duty of care, the obligation of an individual to hold responsibility while performing any acts affecting others, is breached (Negligence and the Duty of Care, 2013). The Supreme Court of Queensland’s decision in May 2011, during the trial of French v QBE Insurance (Australia) Limited [2011] QSC 105 demonstrates how a taxi driver breached his duty of care and therefore, would be liable for the death of his passenger (Hamilton, 2011).
Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract. Legal liability usually takes the form of monetary damages to compensate for the breach of the legal duty.
Container vessels, 18-wheelers, boxcars: these are probably the first things that come to mind when we think of freight. While ships, trucks, and railroads are some of the most significant components of freight, very complex systems and networks are also in place to support moving the goods that businesses and consumers want and need to nearly every corner on the planet. Of course, without actual goods, there is nothing to move, leading experts to refer to freight activities as goods movement.
Some individuals are obliged by the law to take action stop the crime from happening. One of the exceptions is when the defendant or the individual himself caused or created the peril. In other words, an individual must stop a crime, which was committed by his negligence. For example, the defendant threw a cigar butt, who caused a fire, in this case the defendant’s negligence caused a peril, if a person were to die because of the fire he would be criminally responsible. Another exception is when the defendant has a special relationship with the victim or contractual duties. The bond between the defendant and the victim can be of many sorts like family, patient and doctor, or company and employee. In each relationship, individuals have duties towards each other and if they do not fulfill the duties, which result into death or another crime, and then they can be criminally prosecuted. Lastly, when an individual or party has undertaken the rescue. This is when a couple assumes a duty of care towards there vulnerable relative they assume a duty of voluntary responsibility to look after him and take care of him, failing to do so they may be charged for criminal offence. Even though, individuals have the free will and are able to decide their actions, there are exceptions that force individuals to be held
I think all the problems began then our guy started the new carrier as a broker in unknown brokerage firm. The institution there he started his carrier as a stock investment broker had no such thing as business ethics.
Note that a duty of care may not be owed to a particular claimant, if the claimant was unforeseeable. See:
Conclusion: Therefore for the above case I would say that the passenger would succeed in his negligence claim against the tramway authorities. As there was a duty of care owed by the driver and tramway authority which they had breached in result the plaintiff was
Containerization is a system of freight transport that transports trade goods from ports to ports. This system is based on a range of steel intermodal containers (also "shipping containers").These containers are built to standardized dimensions and can be loaded and unloaded, stacked, transported efficiently over long distances, and transferred from one mode of transport to another. Thus, it provided an economic way to ship 90% of the world trade goods across the globe and as a result has benefited society in providing for a truly open market to buy and sell goods. Cebu is home to national and international corporations whose trading hub is centered in the international port (cargo
Today, container ships are used as major transport method between countries, and most of products, which are called dry cargo such as daily products, processed food, timbers and metals, are transported by container ship.