Unit- 1 Part-2, Lecture- 6,7,8,9 & 10

Law of Carriage,
Transportation and Insurance

Parth Upadhyay
Faculty, ILS,
ICFAI University,
Dehradun, UK
Exceptions to the Liabilty-
That being the general principle of liability, the exceptions have
been admitted.
Section 17 of the act comprises certain exceptions where
common carrier is not liable for the damages.
These exceptions are as under-
1- Act of God
2- Act of War or Public Enemy
3- Riot or civil commotion
4- Arrest, restraint and seizure under legal process
5- order, restriction and prohibition by Central govt, State govt
or other authority
Act of God-
Carrier is not liable for any loss or destruction of the goods
where such loss or destruction is due to an act of God
occurring without the intervention of human forces a common
carrier is not liable for any accident as to which he can show
that it is due to natural causes directly and exclusively without
human intervention and that it could not have been prevented
by any amount of foresight and pains and care reasonably to
be expected from him.

act of God is one arising from natural causes. some of the

well-known instances of act of God are the Storms, the tide
and the volcanic eruption
Act of War or Public Enemy

Naxal Attack
Riot or Civil Commotion

Delhi Riots During Trumph Visit

Godown set on fire.
 Kya kar
sakte hain..
4- Arrest, restraint and seizure
under legal process
Section 110 of the Customs Act, 1962 has prescribed the provision
of seizure of goods, documents and things. Sub-section (1) of Section
110 of the Customs Act, empowers if the proper officer has reason to
believe that any goods are liable to confiscation under this Act, he
may seize such goods.
Sec- 411. Dishonestly receiving stolen property.
—Whoever dishonestly receives or retains any stolen property,
knowing or having reason to believe the same to be stolen property,
shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
Duties of Common Carrier-
continue. . .
Duty to follow Instruction of
Consignor
Duty to deliver within reasonable
time-
Duty to deliver against documents
only-
 Right of common carrier in case of
consignee’s default. Sec- 15
(1) If the consignee fails to take delivery of any consignment
of goods within a period of thirty days from the date of notice
given by the common carrier, such consignment may be
deemed as unclaimed: Provided that in case of perishable
consignment, the period of thirty days shall not apply and the
consignment shall be deemed unclaimed after a period of
twenty-four hours of service of notice or any lesser period as
may be mutually agreed to by and between the common
carrier and the consignor.
S- 15 (2)
(2) In the case of an unclaimed consignment under sub-
section (1), the common carrier may,—
(a) if such consignment is perishable in nature, have the right
to sell the consignment; or
(b) if such consignment is not perishable in nature, cause a
notice to be served upon the consignee or upon the consignor
if the consignee is not available, requiring him to remove the
goods within a period of fifteen days from the date of receipt
of the notice and in case of failure to comply with the notice,
the common carrier shall have the right to sell such
consignment without any further notice to the consignee or
the consignor, as the case may be.
S- 15 (3) & (4)

(3) The common carrier shall, out of the sale proceeds received under sub-
section (2), retain a sum equal to the freight, storage and other charges due
including expenses incurred for the sale, and the surplus, if any, from such
sale proceeds shall be returned to the consignee or the consignor, as the
case may be.
(4) Unless otherwise agreed upon between the common
carrier and consignor, the common carrier shall be entitled to detain or
dispose off the consignment in part or full to recover his dues in the
event of the consignee failing to make payment of the freight and
other charges payable to the common carrier at the time of taking
delivery.
Thank You