Common Carriers Flashcards
Common Carrier
One who undertakes to transport persons or goods form place to place
Must be a holding out to perform services for all who apply, carriage is for hire, and the service is one for carriage
Common Carrier Liability
Liable for loss or damage under any circumstances except where loss is due to an act of god, state, or a public enemy, an act of the shipper, or the inherent nature of the goods
Commencement of Common Carrier Liability
Commences when the goods are delivered and accepted by the carrier for immediate transportation
Common Carrier Limitation on Liability
Can contract to limit its liability but must offer additional consideration for the limitation
Cannot contract away negligence