What are the Liabilities Of Common Carriers?

  1. At common law, he is liable as a bailee and hence should take much care of the goods as a man of ordinary prudence would take care of his own goods.
  2. He is liable as an insurer for any loss or damage caused to the goods whether by his negligence or not. But the following are the exceptions:

a)    Act of Nature: He is not liable if the loss of goods is caused by unforeseen circumstances beyond his control and contemplation, such as cyclone lighting etc.

b)    Alien Enemies: He is not liable for the loss of goods caused by the foreign enemies during wars.

c)    “Inherent Fire” in the Goods: He is not liable for inherent defect in the goods such as deterioration of perishable goods like fruits, vegetables etc.

d)    Consignor’s Fault: He is not liable for the loss or damage of goods due to consignor’s fault such as bad packing etc.


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