Common Carriers Flashcards
1
Q
Who is a common carrier? What are they considered?
A
A common carrier is one who undertakes for hire to transport persons or goods from place to place.
A common carrier is considered an insurer of the
goods given by the shipper.
2
Q
What are the three requirements to be a common carrier?
A
- there must be a holding out to perform the service to all who apply.
- the carriage must be for hire
- the service must be for carriage
3
Q
What is a common carrier liable for? Are there any exceptions?
A
A common carrier is considered an insurer of the
goods given by the shipper and is liable for any damage or loss, with some exceptions.
- Where the goods are damaged or destroyed by an act of nature
- Where the goods are damaged or destroyed by faulty packaging by the shipper
- Where the goods are damaged or destroyed because the goods are parishable and nature took its course.