CARRIAGE BY LAND AND AIR
CONTENTS
1.0. Introduction.
2.0. Objective.
- Main
- Carriage by Land
- Carriage by Air
- Basic Elements of Liability
4.0. Conclusion
5.0. Summary
6.0. Tutor Marked Assignments (TMA)
7.0. References/Further Readings.
INTRODUCTION
The carriage of goods by land and air is governed partly by the rule in common law and partly by other statutory provisions. Carriage of goods by air is governed by international conventions to that regard.
Carriage of goods by land is the transportation of goods from one destination to another by road. In the past it used to be by horse, but now it is mostly done through railway and vehicle for that purpose.
OBJECTIVE
The objective of this unit is for learners to be able to distinguish between contract of carriage by air and by land. Learners should be able to understand and explain the various laws governing these kinds of commercial transactions including the basic elements of liability in this transaction.
MAIN BODY
Carriage by Land
The transportation of goods from one point to another for commercial purposes and carriage of goods by road is carried on partly by private and partly by public organizations. There is an elaborate licensing system for goods vehicles, which applies to both private and public carrier of goods.
It should be well emphasized that most carriers by road are private carriers and their rights and duties are governed by the general principles of bailment. There is no common law obligation to accept all goods for carriage, nor does their liability extend beyond the normal liability of a bailee.
A carrier of goods by land does not warrant that his vehicle is roadworthy, although the standard of care required is high.
Exemption Clauses
A private carrier can and does frequently limit or exclude his liability by contract. Some road haulage associations limit liability to a fixed amount in case of loss or damage. In Mayfield Photographic Ltd v. Baxter Hoare Ltd ((1972) 1 Lloyds Rep’s 410, the defendant carriers put the plaintiffs cameras on the same lorry as the goods of another customer and delivered the goods of the other customer first, thus deviating from the direct route. It was held that this deviation was justified and so they were not strictly liable.
The owner is the person who can sue the carrier for loss or damage as a general rule and the owner might have an action in tort.
Carriage by Air
There have been a lot of international conventions in relation to the carriage of goods by air. Consequently, a considerable degree of uniformity now exists internationally in the law relating to carriage of goods by air.
The following are the relevant conventions in relation to the carriage of goods by air:
Warsaw Convention
It is evident that innumerable problems and disputes would arise between countries if each one had its own different aviation rules. In 1929 the Warsaw Convention was drawn up and it has been ratified by many countries. The convention laid down uniform rules for the international carriage of passengers, luggage and goods. However the Carriage By Air Act, 1932 gave statutory effect in the United Kingdom to the Warsaw Convention of 1929. The maximum liability in the event of death of or injury to a passenger under the Convention and the 1932 Act was 125,000 francs.
Carriage by Air 1961
This is an amendment to the Warsaw Convention 1929 which took place in Hague in 1955 and came into force in 1967 and was enacted in the carriage by Air Act, 1961.
Carriage by Air (Supplementary Provisions) Act 1962
This is also a further amendment to the Warsaw Convention after the 1961 Hague Convention. The Act came to clear the real carrier
in this regard as mentioned in the 1929 and also the 1961 Act. It also addressed the limit of liability referred to above and protects solely the carrier who is actually performing the carriage during which an accident or delay takes place.
There have been other amendments to the Warsaw Convention that came up in 1975. The main purpose of this amendment was to replace the gold francs and the liability of the carrier is expressed by special Drawing Rights of the International Monetary Fund.
Basic Elements of Liability
The Convention provides that the carrier of goods by air will be liable for destruction or loss of, or damage to or delay of cargo, if it occurs during the carriage by air. The carrier can escape liability by proving that he and his agents took all positive measures to avoid the damage.
The carrier can limit his liability, and the liability is limited to 250francs per kilogram unless the consignor makes a special declaration and pays a supplement if required.
The consignor has a right of action against the first carrier as well as the carrier who actually performed the carriage during which destruction, loss, damages or delay took place unless the first carrier has expressly assumed liability for the whole carriage.
The first carrier, the performing carrier and the last carrier are jointly and severally liable respectively to the consignor and the consignee.
CONCLUSION
It is important to note the basic rules of liability of the carriage of goods by road and air in that respect. Carriage of goods by road is one of the oldest systems of carriage of goods in commercial transactions. This type of Carriage is mostly governed by common law. On the other hand, carriage of goods by air is mostly governed by the different international Conventions.
SUMMARY
The Carriage of Goods by Road and Air, is one of the mostly used after sea carriage in international commercial carriage of goods. It is important that these areas of commercial transactions are governed by both common law and different international conventions. The Warsaw Conventions and the so many amendments already discussed are points of reference.
TUTOR MARKED ASSIGNMENT
- Briefly explain the concept of Carriage of Goods by Road and the laws governing
- State the purpose of the Warsaw Convention 1929 on the Carriage of Goods by Air
REFERENCES/FURTHER READING
- Sales of Goods Act, Laws of the Federation of
- Okany, Nigerian Commercial Law, Africana. FEP Publishers Ltd, 1992.
- Sofowora, General Principles of Business and Coop Law, Soft Associates, 1999