Carrier Definition

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GLOSSARY

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What does Carrier mean?

Carriers are persons who carry persons or goods either for profit or gratuitously.

Carriers who transport persons or goods are normally classified as: (1) common carriers; (2) private carriers; or (3) other types of carriers with specific rights and duties. The rights and duties of a common carrier come from the common law and act as an insurer of the safety of the goods. As a private carrier, he has the legal obligations of a bailee and must take reasonable care of the goods and must refrain from converting them. Currently, the status of common carrier for international carriage is unlikely since English law relating to carriage by road, rail, sea or air derives from international conventions.

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Drafting and negotiating delivery terms for goods—checklist

Drafting and negotiating delivery terms for goods—checklist This Checklist sets out the key issues relating to the legal concept of delivery in business to business (B2B) contracts and the issues which should be considered when negotiating and drafting contract terms concerning delivery of goods. What is delivery? Delivery refers to the voluntary transfer of possession of goods from one person to another, rather than the mere dispatch of goods. Legal significance attaches to delivery entitling the seller to demand payment once delivery has occurred or, alternatively, the absence of delivery may entitle the buyer to claim damages. According to section 27 of the Sale of Goods Act 1979 (SGA 1979), the seller’s basic obligation is to deliver the goods in accordance with the terms of the contract. The parameters of this primary obligation are delineated by the provisions of the SGA 1979. The point at which delivery takes place is often indicative of when risk passes from the seller to the buyer. Ideally, parties should specify in the contract the...

Website terms and conditions for supply of goods to consumers—checklist

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Types of carrier of goods

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Carriage of goods by road

This Practice Note considers the regimes covering carriage of goods by road both in the UK with no international element and also overseas where there is an element of international carriage of goods under the Convention on the Contract for the International Carriage of Goods by Road (CMR Convention). It explains the liability of the carrier and measure of damages at common law, and the interplay with widely used hauliers’ standard terms. The CMR convention is explained, an explanation of multimodal transport is provided and limitation of liability, jurisdiction and time bars under the CMR Convention are also discussed. The Practice Note also provides an introduction to the consignment note, liability for loss or delay in transit and the defences available to the carrier.This Practice Note will consider the regimes covering:•carriage of goods by road within the jurisdiction•international carriage of goods under the CMR ConventionIn relation to carriage within the jurisdiction, the Practice Note outlines approaches to incorporation of standard terms and exclusion or limitation of liability by carriers. The...

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Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project)

Greener and More Efficient HGVs in Road and Multimodal Transport Agreements (The Chancery Lane Project) This Precedent requires contracting carriers to use energy efficient vehicles for any road carriage under a transport agreement, or otherwise specify that a percentage of road journeys will use green HGVs. These sustainability clauses were produced by The Chancery Lane Project (TCLP) as ‘Greener and More Efficient HGVs in Road and Multimodal Transport Agreements’ and are reproduced with permission (and with some minor editorial changes). TCLP is the code name for the focused and collaborative effort of lawyers from around the world to develop new contracts and model laws to help fight climate change. For more information, see: chancerylaneproject.org. ��Ӱ��® is proud to support the work of TCLP. Definitions Alternative Fuel • means fuel or power sources which serve, at least partly, as a substitute for fossil fuel sources in the energy supply to transport and which have the potential to contribute to its decarbonisation and reduce the Carbon Footprint and includes but is not...

Share purchase agreement—pro-buyer—corporate seller—conditional—long form

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Dive into our 40 Precedents related to Carrier

Does the stay under section 130(2) of the Insolvency Act 1986 apply to arbitration proceedings where a winding-up order is made against the defendant company during the course of the arbitration proceedings?

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In what circumstances can the lawful authority defence be used in a prosecution for possessing a bladed article?

In what circumstances can the lawful authority defence be used in a prosecution for possessing a bladed article? Section 139(4) of the Criminal Justice Act 1988 provides a defence for the accused to prove that he had good reason or lawful authority for having the article with him in a public place. The accused must prove his good reason on a balance of probabilities so that merely providing an uncontradicted explanation is not necessarily sufficient (see Godwin v DPP (1993) 96 Cr App R 244 (not reported by ��Ӱ��®)). In R v Jones, the Court of Appeal held that where there is a mistaken belief in facts which, if true, would have constituted lawful authority, it is capable of being a reasonable excuse, and the judge should so direct the jury, leaving the jury to determine whether the defendant has proved his belief in the requisite facts and whether in the circumstances that belief amounts to a reasonable excuse. The Divisional Court in L v DPP, held that the reverse onus...

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Immigration weekly highlights—12 December 2024

Welcome to the 12 December 2024 highlights from the Immigration team, which provides links to key news stories from the last week, as well as a round-up of new and updated content in Immigration.

‘Any dispute arising out of or in connection with this contract’—Singapore Court of Appeal clarifies scope of arbitration agreement (COSCO Shipping v PT OKI)

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