Common carrier

A person offering to transport goods for anyone who will employ him. He may specify the type or size of goods, or his area of work, but provided he implies that he is willing to carry goods for anyone he is a common carrier. He is bound to carry goods when requested to do so, subject to any limitations he has previously made known. This does not apply if his vehicle is already full or there is an extraordinary risk attaching to the goods. He must carry them without unnecessary delay and by his normal route (unless another is agreed on) and for a reasonable price. The price need not be uniform. He has a lien at common law on the goods. This is usually a particular lien, i.e. it only attaches to the charge for the particular job and not to debts previously incurred. At common law he is an insurer of the goods, i.e. he warrants to carry and deliver them safely and securely and is liable irrespective of negligence. He is not, however, liable for damage from an act of god or the Queen’s enemies, or damage due to the negligence of the consignor (e.g. bad packaging) or the inherent vice of the goods. These limitations do not apply at a time when he was not fulfilling his contract, or when the loss could have been foreseen and was not avoided. He must provide a proper vehicle. Where bad packing is concerned, the loss will always be attributed to the consignor. He is not liable for loss due to delay if delay would not normally have damaged the goods; special circumstances should be made known to him. A contract of arriage is not a contract uberrimae fidei, therefore the consignor is not expected to make known all facts relating to the goods. He must, however, state if they are of a dangerous character. For details of carrier’s liability, it is advisable to consult a standard work on the subject. Generally speaking, he may limit his liability by privatc notice to the consignor. This might take the form of a printed notice at the depot. If he has been negligent, however, only fraudulent concealment of real value would limit his liability.

Reference: The Penguin Business Dictionary, 3rd edt.