CARRIAGE OF GOODS

in law, the transportation of goods by land, sea, or air. The relevant law governs the rights, responsibilities, liabilities, and immunities of the carrier and the persons employing the services of the carrier. Apart from the general law relating to carriers, law concerning carriage of goods is divided into three main areas: carriage of goods by land, carriage of goods by sea, and carriage of goods by air. A carrier is a person who, gratuitously or for reward, carries passengers or goods, for business or personal reasons, from one place to another by land, sea, or air. Anglo-American common law divides carriers into two basic types: common carriers and private carriers. Common carriers hold themselves out as willing to carry persons or goods from place to place within the areas where they ply for hire. Such carriers are under obligation to accept all business offered to them if they have space. With few exceptions, in the case of goods, common carriers are strictly liable for loss, damage, or delay to the goods while in transit. An example of an exception is the interception or damage of goods in war by an enemy. Another example is the loss, damage, or delay resulting from an act of God (e.g., earthquakes, volcanic eruptions, sudden and unforeseen floods). The wide-ranging, strict liability of common carriers for goods in their charge has been limited by statute. Carriers' liability can be further limited by special contract. In some cases, a private contract between the carrier and the consignor of goods has the effect of excluding the operation of statutory provisions. In such instances, a common carrier will be regarded for the purposes of the law as a private carrier. Unlike common carriers, private carriers are under no obligation to accept all business offered to them. Each act of carriage is performed under private contract; for example, contracts for furniture removal. In the case of private carriers, liability for loss, damage, or delay to goods in transit is limited to instances involving negligence. The onus of proving that loss, damage, or delay has not resulted from negligence is on the carrier. This liability for negligence may, however, be further limited by the agreed terms of the contract of carriage. International carriage by road and rail is subject to international conventions (Berne Convention [1890 to 1961], Geneva Convention ). An international convention covering the carriage of goods by sea gave rise to the Hague Rules (1924). Carriage of goods by air is also regulated by international convention (Warsaw Convention , as amended by the Hague Protocol and the Guadalajara Convention ). in law, the transportation of goods by land, sea, or air. The relevant law governs the rights, responsibilities, liabilities, and immunities of the carrier and of the persons employing the services of the carrier. Additional reading Works dealing with the carriage of goods in general are Henry N. Longley, Common Carriage of Cargo (1967); John McKnight Miller, Freight Loss and Damage Claims, 3rd ed. (1967). Comprehensive works dealing with carriage of goods by a variety of means of transport are Jasper G. Ridley, The Law of the Carriage of Goods by Land, Sea and Air, 6th ed., ed. by Geoffrey Whitehead (1982); R. Rodire, Manuel de transports terrestres et ariens (1969), and Droit des transports, 3 vol. (195362); Paul Scapel, Trait thorique et pratique sur les transports par mer, terre, eau, air et fer (1958). On mixed carrier transportation, see Georges O. Robert-Tissot, Le Connaissement direct (1957); on carriage of goods by road, rail, and inland water: Otto Kahn-Freund, The Law of Carriage by Inland Transport, 4th ed. (1965); Edgar Watkins, Shippers and Carriers, 5th ed., 2 vol. (1962); Alan Leslie, The Law of Transport by Railway, 2nd ed. (1928). Useful information can be found in numerous government documents, especially in the acts of such United States Congressional Committees as the Committee on Commerce, Science, and Transportation, and the Committee on Public Works and Transportation. Later monographs include Marvin L. Fair and John Guandolo, Transportation Regulation, 8th ed. (1979); Kenneth R. Feinberg, Deregulation of the Transportation Industry (1981); John Guandolo, Transportation Law, 4th ed. (1983); Malcolm Evans and Martin Stanford (comps.), Transport Laws of the World, 5 vol. (197782).