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Presentation On Law of Carriage of Goods Final
Presentation On Law of Carriage of Goods Final
Carrier:
Any person or an organization, by an express or implied contract,
with or without rumination, carries goods and/or passengers is
called carrier.
Kazi Touhidul Islam Dipu
Roll No: Ev-1408087
Types of Carriers
Types of Carrier
Common Features
• A private carrier can determinate between different hirers.
• He is not bound to carry the goods of any and everybody.
• A private carrier is not governed by the common carriers act, 1865.
• He‘s position is as a bailee.
• A private carrier has the same right, duties and liabilities as a bailee under the
contract act.
• He is bound to take as much care of the goods entrusted to him as a man of
ordinary prudence would take under similar circumstances of his own goods of
the same quality, bulk and size.(section 151,152,and 161, contract act)
Example of Private Carrier
• suppose a contractor has a lorry which uses mainly for
transporting his own goods but sometimes he lets it out
on hire to other.
Gratuitous Carrier
• A gratuitous carrier is one who carries goods (or passenger)
without any charge. Gratuitous carrier is in a position of a
bailee. But if such a carrier agrees to carry the goods, he must
also do the duties of the carrier. If a person undertake to
perform a voluntary act, he is liable if he performs it
improperly. Negligence by the carrier is actionable.
It is to be noted that an agreement of carriage with a gratuitous
carrier is void because of want of consideration. Therefore no
action can be taken against him for refusing to carry the goods
even though he has undertaken.
For example
• The owner of a motor car who gives a lift to a friend without
charge is a gratuitous carrier.
Sumaiya Fahrin
Roll No: Ev-1408023
The Carriers Act, 1865 defines the term “common carrier” and
provides for his rights, duties and liabilities. As regards matters not
covered by this Act, the rules of English Common Law will apply.
RIGHTS OF COMMON CARRIER
1) Right to get remuneration
2) Right to Retain
2) Right to Retain:
He has a right to retain the goods and refuse delivery thereof until his charges of
hire are paid If no charges are paid he can exercise particular lien over the goods .
The lien cannot be enforced If the carrier has agreed to give credit.
(b) If the person employing him is not willing to pay reasonable charges for
the carriage of goods
(d) If the goods are to be carried over a route which is not his regular route
(e) If the consignor refuses to disclose the nature of the goods to be carried
(f) If the goods are not properly packed.
If a carrier refuses to carry the goods of a person for any reason other
than those mentioned above, he may be held liable for damages.
2) He must carry the goods over the usual and customary
route and take all reasonable precautions for their safe
carriage. He must not deviate from the usual route unless
rendered necessary by exceptional circumstances.
i. Scheduled goods
ii. Non-scheduled goods
i. If the value and the description of the goods are disclosed by the
consignor to the carrier
or
ii. If the loss or damage is due to a criminal act of the carrier, his
agent
The carrier can charge extra for carrying scheduled articles, but he
cannot limit his statutory liability by any special agreement. (Sec. 7)
b. Where such higher value has been declared, the railway administration
may charge, in respect of the increased risk, a percentage upon the excess of
the value so declared over the respective sums aforesaid.
• 5. When in the course of working the railway an accident occurs, being either a
collision between trains of which one is a train carrying passengers or the
derailment of or other accident to a train or any part of a train carrying
passengers, then, whether or not there has been any wrongful act, neglect or
default on the part of the railway administration such as would entitle a person
who has been injured or has suffered loss to maintain an action and recover
damages in respect thereof, the railway administration shall, notwithstanding
any other provision of law to the contrary, be liable to pay compensation to the
extent set out in sub-section
• (2) and to that extent only for loss occasioned by the death of a passenger dying
as a result of such accident, and for personal injury and loss, destruction or
deterioration of animals or goods owned by the passenger and accompanying
the passenger in his compartment or on the train, sustained as a result of such
accident. [The liability of the railway administration under this section shall in
no case exceed ten thousand Taka in respect of any one person.] (Section 82)
Responsibility of a Railway Administration as a Carrier of
Goods
• 6. In any suit against the railway administration for compensation for loss,
destruction or deterioration of animals or goods delivered to the railway
administration for carriage by the railway, it shall not be necessary for the
plaintiff to prove how the loss, destruction or deterioration was caused. (Section
76)
• 7. A person shall not be entitled to a refund of an over charge in respect of
animals or goods carried by the railway or to compensation for the loss,
destruction or deterioration of animals or goods delivered to be so carried, unless
his claim to the refund or compensation has been preferred in writing by him or
on his behalf to the railway administration within six months from the date of the
delivery of the animals or goods for carriage by the railway. (Section 77)
• 8. Notwithstanding anything in the foregoing provisions of this Chapter, the
railway administration shall not be responsible for the loss, destruction or
deterioration of any goods with respect to the description of which an account
materially false has been delivered under sub-section (1) of section 58 if the loss,
destruction or deterioration is in any way brought about by the false account, nor
in any case for an amount exceeding the value of the goods if such value were
calculated in accordance with the description contained in the false account.
Nippon Chandra Chanda
Roll No: Ev-1408053
• Express terms are those which the parties have specifically agreed to and embodied in the
contract. Implied terms are those which law implies in every contract of carriage by sea unless
excluded specifically. There are four implied terms:
• (i) Implied warranty of seaworthiness. The ship owner, when he enters into a charter — party
for a voyage impliedly warrants that the ship is seaworthy. This is an assurance by the ship
owner, at the time of entering into the charter party, that (a) the ship is fit to encounter the
ordinary perils of navigation during voyage and (b) to carry the specific cargo. This warranty
of seaworthiness extends only to (a) seaworthiness at the time of sailing and (b) ‘fitness at the
time of loading the cargo. Once the ship has sailed or the goods are on board, this warranty
ceases to operate. But in case the voyage is divided into stages, the ship must be seaworthy at
the commencement of each voyage.
Conditions Contained in a
Contract of Carriage by Sea
• ii) ) The ship shall be ready to commence the voyage and shall carry
out the same with all reasonable dispatch and diligence.
• (iii) The ship shall not deviate from the agreed route without for
good cause, such as to ensure safety of the ship, to repair for further
damage or to save human life.
• (iv) The charter or the shipper shall not include in his cargo illegal
or contraband goods, or goods which are dangerous.
Charterparty
• Charterparty, is a contract of affreightment entered into for hiring
the whole ship or a principle part of ship to carry goods from one
port to another port. It also refers to the formal document in which
the contract of hiring of the whole or part of the ship.
• A charterparty is a contract which is negotiated in a free market
where bargaining strength of the parties is highly dependent on the
factor of supply and demand and governed by the ordinary law of
contract. There are three main categories of charterparty:
• 1. a voyage charterparty whereby the vessel is chartered for a
specified voyage;
• 2. a time charterparty whereby the vessel is chartered for a
specified period of time;
• 3. a charterparty by demise whereby the vessel is leased to the
charterer
Clauses of Charterparty
1. Name of the parties and of the ship along with the nationality of the
ship.
2. The class of the charter party , whether a voyage charter or time
charter and whether a charter by demise.
1) The carrier i.e. the ship owner will be bound before and at the
beginning of the voyage.
a. make the ship seaworthy.
b. properly man, equip and supply the ship.
2) Carrier must properly and carefully load, handle, carry & keep the
goods.
3) After receiving the goods into his charge, the carrier of a shipper agent
of the carrier issue to the shipper a bill of lading.
Liabilities of a carrier by sea
• A carrier of goods by sea i.e. A shipper is liable only for loss or damage
arising or damaging from his negligence or fault. He is not liable even
for the loss caused by the neglect of the master or the mariner or the
crew in the navigation of the ship.
• A ship owner cannot limit or lessen his liabilities arising from his
negligence.
• The carrier shall not be liable in any event for any loss or damage to the
goods in an amount exceeding Euro 100 per package or unit unless, the
nature or the value of such goods have been declared by the shipper
before shipment.
Bill of Lading
Bill of Lading
A bill of lading (BL - sometimes referred to as BOL or B/L) is a
document issued by a carrier to a shipper, acknowledging that specified
goods have been received on board as cargo for conveyance to a named
place for delivery to the consignee who is usually identified. A through
bill of lading involves the use of at least two different modes of
transport from road, rail, air, and sea. The term derives from the verb
"to lade" which means to load a cargo onto a ship or other form of
transportation.
Bill of Lading
• A bill of lading can be used as a traded object. The standard short form bill of lading is
evidence of the contract of carriage of goods and it serves a number of purposes:
• It is evidence that a valid contract of carriage, or a chartering contract, exists, and it
may incorporate the full terms of the contract between the consignor and the carrier
by reference (i.e. the short form simply refers to the main contract as an existing
document, whereas the long form of a bill of lading issued by the carrier sets out all
the terms of the contract of carriage)
• It is a receipt signed by the carrier confirming whether goods matching the contract
description have been received in good condition (a bill will be described as clean if
the goods have been received on board in apparent good condition and stowed ready
for transport); and
• The main difference between the two types is title (ownership) of the
one can be transferred to another party while the other is consigned to
a named party and hence he/she has to be the final recipient of the
cargo as the title of this type of bill of ladings cannot be transferred.
Different types of bill of ladings
• 2. Order bill of lading: This is the bill of lading that one would
mostly come across onboard. The bill of lading is to the consignee or
to his order. That is the named consignee will be the owner of the
cargo or he can order the shipment to be delivered to another party
by endorsing the bill of lading to that party.
Different types of bill of ladings
3. Bearer bill of lading: The bearer bill of lading is the one in which the
bearer of the bill of lading is the owner of the cargo and there is no consignee named in
the bill of lading. This kind of bill of lading is very seldom found as there are huge risks
involved in the misuse of this kind of bill of ladings.
4. Switch bill of lading: This can said to be the duplicate bill of lading for a
cargo of which the bill of lading was already issued. Switch bill of lading is generally
requested by the consignee from the owner of the vessel when the consignee do not wish
to reveal to the new buyer the identity of the shipper of the cargo.
• 1. Port to port bill of lading (also called Ocean bill of lading): In this kind
of bill of ladings, Carriers responsibility starts at port of loading and ends at port of
discharge
Letters of Credit
Letters of Credit
• A letter of credit is a document issued by a third party that guarantees
payment for goods or services when the seller provides acceptable
documentation. Letters of credit are usually issued by banks or other
financial institutions, but some creditworthy financial services companies,
like insurance companies or mutual funds, might issue letters of credit under
certain circumstances.
• There are also other types of letters of credit. The revocable letter of
credit can be changed at any time by either the buyer or the issuing bank
with no notification to the beneficiary. The most recent version of the
UCP, UCP 600, did away with this form of letter of credit for any
transaction under their jurisdiction. Conversely, the irrevocable letter of
credit only allows change or cancellation of the letter of credit by the
issuing bank after application by the buyer and approval by the
beneficiary. All letters of credit governed by the current UCP are
irrevocable letters of credit.
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Letter of Credit Cycle
Sabiha Arif
Roll No: Ev-1408021
Documentation
Documentation Requirements
• In order to receive payment, the beneficiary must present
documentation of completion of their part in the transaction to the
issuing bank. The documents that the issuing bank will accept are
specified in the letter of credit, but may often include:
• Bills of exchange
• Invoices
• Government documents such as licenses, certificates of origin,
inspection certificates, embassy legalizations, and phytosanitary
certificates
• Shipping and transport documents such as bills of lading and airway
bills
• Insurance policies or certificates, except cover notes
Risks in Letter of Credit Transactions
• Letter of credit transactions are not without risks. The risks inherent
in these types of transactions include:
• Fraud risk, in which the payment is obtained through the use of
falsified or forged documents for worthless or nonexistent
merchandise
• Regulatory risk, in which government action may prevent
completion of the transaction
• Legal risk, in which legal action prevents completion of the
transaction
• Force majeure risk, in which completion of the transaction is
prevented by an external force, such as war or natural disaster
• Failure of the issuing or collecting bank
• Or insolvency of buyer or beneficiary.
Thank you...