![THE CARRIAGE OF GOODS ACT
Presented By
Suram Mahesh Reddy [168940]
MBA -1st Year, School of Management
National Institute of Technology, Warangal](https://image.slidesharecdn.com/thecarriageofgoodsact-171025022556/85/the-carriage-of-goods-act-1-320.jpg)
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The carriage of goods act
- 1. THE CARRIAGE OF GOODS ACT Presented By Suram Mahesh Reddy [168940] MBA -1st Year, School of Management National Institute of Technology, Warangal
- 2. PRIMARY MEANS OF CARRIAGE 1. CARRIAGE BY LAND 2. CARRIAGE BY SEA 3. CARRIAGE BY AIR
- 3. INDIAN LAW RELATING TO CARRIAGE OF GOODS 1. CARRIAGE BY LAND a. The Carriers Act 1865. b. The Indian Railways Act 1890. 2. CARRIAGE BY SEA a. The Indian Bills of Lading Act 1856. b. The Carriage of Goods by Sea Act 1925. b. The Merchant Shipping Act 1958 and d. The Marine Insurance Act 1963. 3. CARRIAGE BY AIR a. The Carriage by Air Act 1972.
- 4. CARRIAGE BY LAND - The Carriers Act 1865 CARRIAGE BY LAND - The Carriers Act 1865 CONTRACT OF CARRIAGE CARRIERS CLASSIFICATION OF CARRIERS – BY LAND 1. Common or Public Carriers 2. Private Carriers 3. Gratuitous Carriers EXAMPLES OF COMMON CARRIERS ARE GATI AND IN-TRANSIT
- 5. COMMON OR PUBLIC CARRIERS CHARACTERISTICS 1. Individual/Firm/Company 2. Only the carriers of goods 3. Regular Activity 4. No Right to Reject or Refuse for carrier 5. Common Carrier is restricted to land and inland waterways DUTIES 1. Carry for all 2. Carry goods safely 3. Delivery within Reasonable time 4. Deliver the goods at place 5. Keep the Goods in his Custody
- 6. RIGHTS AND LIABILITY OF COMMON CARRIER RIGHTS 1. Minimum Remuneration 2. Right to retain or refuse delivery 3. Right to Reasonable expenses 4. Right to Limit Liability 5. Right to sell Goods under Inherent Vice conditions 6. Right to recover damages LIABILITY AND EXPECTIONAL CASES 1. An Act of God 2. Enemies of the state 3. Inherent Vice in the Goods Carried 4. Defective packing 5. Fault or fraud of the consignor
- 7. PRIVATE CARRIER Casual or Occasional Carrier Right to Accepting or Reject a Carriage Proposal A Private carrier is governed by INDIAN CONTRACT ACT Right to Negotiate special terms
- 8. Common Vs. Private Carriers COMMON CARRIERS i. Renders Regular Service ii. No Right to Reject or Refuse for carrier iii. Terms of Carriage are fixed iv. Governed by the common carriers Act -1865 PRIVATE CARRIERS i. Renders Casual or Occasional Service ii. Right to Reject or Refuse for carrier iii. Terms of Carriage can be Negotiated iv. Governed by the Indian Contract Act
- 9. GRATUITOUS CARRIERS • MEANING: When the Carrier Carrying Goods or Passengers without charging anything, then those Carriers are said to be GRATUITOUS CARRIERS. • EXAMPLE: Railways are the best and apt example • LAW: These are Governed by the Indian Railways Act 1890.
- 10. CARRIAGE BY AIR LAW RELATED TO CARRIAGE BY AIR: The Air Act 1972, this act follows the Indian Carriage by Air Act 1934. The Air Act 1972 contains two schedules SCHEDULE I: WARSAW CONVENTION RULES - ICAO SCHEDULE II: HAGUE PROTOCOL signed on 28th Sep 1955, Domestic Protocol where 55 countries follows.
- 11. DOCUMENTS OF CARRIAGE BY AIR CHAPTER II of Second Schedule to the Carriage by AIR Act 1972. 1. PASSENGER TICKET 2. BAGGAGE CHECK [LUGGAGE TICKET] 3. AIRWAY BILL [AIR CONSIGNMENT NOTE]
- 12. LIABILITIES OF THE AIR CARRIER ACT 1972 THE AIR CARRIER ACT 1972 lists the following LIABILITIES for the Air Carriers. 1. Damages in respect of Death or Injury caused during the carriage. 2. Minimum Death or Injured damages are 250,000 Francs [Swiss Currency], According to 2002 ICAO 3. Compensation for NON-SCHEDULED goods are 250 Francs per kilogram 4. Deadline for Grievances Redressal
- 13. Deadline for Grievances Redressal DAMAGE TO LUGGAGE – Within 7 days of Receipt DAMAGE OF CARGO – Within 14 days of Receipt DELAY IN DELIVERY – Within 21 days of the Date of Actual Delivery
- 14. PRACTICAL LEGAL APPLICATIONS THE CARRIERS ACT -1865 Consumer complaint No.83 Chandigarh Consumer court Case – 1114/12-03-2010 Gati Ltd., vs Mrs. Harinder Bhullar, on 14 May, 2014 THE AIR CARRIER ACT – 1972 MH- 370 Compensation Supreme Court of India Case No. 2372/05-05-2016 Preetham Vs Malayasian Airlines
- 15. OVERVIEW 1. THE CARRIAGE OF GOODS ACT – BY LAND The Carriers Act – 1856 Classification of Carriers Duties and Responsibilities Rights and Liabilities 2.THE CARRIAGE OF GOODS ACT – BY AIR The Air Carrier Act – 1972 Documents and Liabilities for the Carriage by Air Grievance Redressal Policy 3. PRACTICAL LEGAL APPLICATIONS OF THESE ACTs
- 16. REFERENCES BOOKS AND LINKS BOOKS: LEGAL ASPECTS OF BUSINESS by R.S.N PILLAI & BAGAVATHI ISBN 81-219-3551-2 LINKS: https://indiankanoon.org/doc/175668357/ https://www.theguardian.com/world/2017/jan/18/compensation-battle-stalls-for- families-of-mh370-victims https://en.wikipedia.org/wiki/Malaysia_Airlines_Flight_370
- 17. THANK YOU …!
Editor's Notes
- A Very Good Afternoon to one and all, Myself SURAM MAHESH REDDY is Here to give a Presentation on the topic called “THE CARRIAGE OF GOODS ACT”. Before Going to the presentation, Lets us Understand Why we are Learning this topic ? As we all knows that In the General and Commercial Business Activities, Transportation plays a Vital Role, plays a major Role in Revenue Generation and also helps for the Economic Development of the county, Hence it is very important to Know the Legal Rules and Regulations or ACTS pertaining to THE CARRIAGE of GOODS. -> Generally the carriage or carrying activities are differ from one another, as we all knows that the means of Carriage is through LSA, Therefore Rules or ACTS for each Element are framed separately. Let us see ACTS related to every mean sof carriage
- The Primary Means of Carriage are Carriage by LAND – this includes carriage of goods by land including INLAND NAVIGATION SEA - means carriage of goods by sea and Oceanic waterways AIR - Carriage of FRIEGHT as well as PASSENGERS thorugh AIR
- The Law relating to Carriage of Goods by Land is contained in THE CARRIERS ACT 1865 THE INDIAN RAILWAYS ACT 1890.
- CONTARCT OF CARRIAGE: “A contract under which one person agrees to carry goods or passengers from one place to another for a fixed remuneration” CARRIER: “The person(s) who agree to carry the goods or passengers are called CARRIERS”