Law of passenger car agencies transporting goods from one topographic point to another against the monetary value. It is the subdivision of concern. Passenger car is the footing for the direction and operation of concern successfully and efficaciously. It is the factor of concern activity that helps to mobilise the labour. natural stuff. and tools and machinery etc. Modern concern activity are based on the exchange of goods and transit of goods from one topographic point to another. Harmonizing to subdivision 65 of Nepal contract act. 2056. ”a contract is related to carriage shall be deemed to hold been concluded. if it provides for transit of goods from one topographic point to another. ” Categorization of passenger car: passenger car can be classified into so many types but some of them are classified below they are as follows: 1. on the footing of menu or charges.
-Charge or menu passenger car
-Non charge or non menu passenger car
2. on the footing of things to transport
3. on the footing of service
4. on the footing of manner
-Carriage from land
-Carriage from air
-Carriage from sea
IMPORTANCE OF CARRIAGE
There are many importance of passenger car for some of them are explained in points. They are as follows:
1. To run and command the passenger car concern.
2. To settle the difference lawfully. which are arise in passenger car concern.
3. To pull off the rights and responsibilities of bearer.
4. To provide natural stuff and administer the finished merchandise quickly for the effectual selling.
5. To increase and do easier for international trade and helps to national economic system prosper.
RIGHT OF PUBLIC CARRIER.
1. Right to have the menu or charges.
2. Right to have the extra charges.
3. Right to take necessary measure.
4. Right to take amendss.
5. Right to sale the goods.
6. Right to restrict the liability.
7. Right of peculiar lien.
8. Right to reject to transport goods.
DUTIES OF PUBLIC CARRIER.
1. To supply the service without any favoritism.
2. To supply the service harmonizing to agreed path.
3. To supply the service harmonizing to mentioned in contract i. e. topographic point. clip and individual.
4. To make the work harmonizing to the proprietor of good or consigner.
5. To pass on the proprietor for any jobs are arises in the theodolite.
6. To follow the direction of consigner.
LIABILITIES OF PUBLIC CARRIER.
The liabilities are classified into different jurisprudence. Different jurisprudence classified it harmonizing to their states regulations and Torahs. Some of them are classified below. 1. Harmonizing to English jurisprudence. the public bearer is the insures. so if any loss or amendss are arrived in theodolite at that clip the populace bearer is responsible for such amendss. Some of the exclusion of this regulation are as follows: I. When the amendss are caused by natural catastrophe.
two. When the amendss are caused by an enemy of the domestic state. three. When the amendss are caused by carelessness of client. four. When the amendss are caused by hold.
v. When the amendss are caused by perishable natural of goods. 2. Harmonizing to Indian passenger car act. 1865. the liabilities of public bearer is depend upon the class of goods. The goods can be categorized in scheduled and non scheduled goods. I. The scheduled goods are the valuable which are mentioned in the act such as – gold. Ag. pearl. cherished rocks. jewelry makers. measures. bundies. currencies. notes. maps. authorities securities. The bearer should liable for any loss or amendss of this sort of good except in the unmanageable forces. two. The non agenda goods are those which need non be included in the list of scheduled goods. A public bearer is apt for any loss or amendss of goods ; while they are in theodolite except in unmanageable fortunes. 3. Harmonizing to Nepal contract act 2056. this jurisprudence can explicate the both the Torahs which explained above. And include the undermentioned liabilities should be fulfilled by public bearer. I. To transport good in peculiar clip. topographic point. and individual.
two. The first bearer is apt if more than one bearer is involved in the same type of good. three. The bearer should be apt for any damaged of goods. four. To pay the compensation for any loss and amendss of goods due to breakage. This sort of liability can be limited as 10 thousand rupees. Sec. 65 of NCA. v. To see the goods carried.
Exception of this Torahs:
the public bearer should non be apt except otherwise agreed in the contract to carring the undermentioned goods.
I. Valuable goods.
two. Government securities. negotiable instruments. certifications.
four. Perishable nature of merchandises.
v. Poisons etc.
Sale of goods act:
Definition of sale of goods: –
contract of sale of goods agencies transportation of ownership from one individual to another against monetary value. It is the act performed by marketer and purchaser. In other words. the term contract of sale is a contract whereby the marketer transportation or agrees to reassign the belongings in goods to the purchaser at a certain monetary value. The contract of sale defines the term goods. harmonizing to concern jurisprudence the term goods can be defines as ; ”every sort of movable belongings other than the actionable claims and money ; and includes stocks. portions. turning harvests. grass and the things attached to or organizing portion of land. ” Types of goods: –
There are chiefly three types of goods they are explained below: 1. Existing goods: bing goods are those goods which are owned and possessed by the marketer at the clip of contract of sale. This type of goods are farther classified into three types they are as follows: I. Specific goods: – specific goods are those which are agreed and identified at the clip of contract of sale. two. Unascertained goods: – unascertained goods are those which are non agreed and identified at the clip of contract of sale. These types of goods indicated and defined by description at the clip of contract of sale. three. Ascertained goods: the term ‘ascertained’ is used to those goods ; which are ascertained after doing the contract of sale. 2. Future goods: – hereafter goods are those goods which are manufactured. produced and acquired by the marketer after doing the contract of sale. 3. Contingent good: contingent goods are those goods whose acquisition is depend upon the occurrence and non occurrence of certain event. i. e. . contingent event. Difference between contract of sale and understanding to sale.
Footing of difference| Contract of sale | Agreement to sale. | Ownership of goods| Buyer is said to the existent owner| Seller is said to the existent proprietor. | Natue of contract| Executed in nature | Executory in nature| Transfer of risk| Seller can reassign the hazard to the purchaser in the status of sale| Seller can’t transportation the hazard to the purchaser up to the clip of contract of sale. | Loss and amendss of goods| All the losingss and amendss are bound by the existent buyer| All the losingss and amendss are bear by the existent marketer. | Right to sell the goods by the marketer. | Seller has no right to sell the goods without consent of existent purchaser. Certain exclusion are there| Seller has the merely the right to action for the monetary value of goods from the purchaser. | Types of goods| Sale include the executed goods. specific goods merely.
Agreement to sale include merely the future goods and unascertained goods. | Right when purchaser is insolvent| If the purchaser go insolvent without paying monetary value ; the ownership holding passed to the purchaser. The marketer shall hold to present the goods to the official assignee. | In this circumstance. the marketer can decline to present the goods. | Right when marketer is insolvent| The purchaser can claim the goods from the official receiving system. | In this circumstance the purchaser can’t claim the goods. | Nature of right available to the purchaser. | The sale creates the right in paradoxical sleep. i. vitamin E against the whole universe. | An understanding to sale creates a right in personam. i. e. against the specific individual merely. |
Definition of guarantee: –
A judicial admission shall be the guarantee where the same is indirect to the chief intent of contract. A breach of guarantee gives rise to claim for amendss and loss merely. The aggressive party merely claim for amendss but non reject the goods and non to disown the contract. Redresss for breach of guarantee: –
1. The purchaser has no right to disown the contract. He may claim for amendss and loss. 2. The purchaser may demand for price reduction in monetary value of goods by the sum of amendss. 3. The purchaser may action for the sum of amendss which are in surplus of the monetary value of the goods. Definition of status: –
A judicial admission shall be the status where it is indispensable to the chief intent of contract. The breach of status entitles to the purchaser for the intervention of contract or to disown the contract. The purchaser has the option either disown the contract or merely claim for amendss depend upon his involvement. i. e. . the purchaser may handle the status as a guarantee but the guarantee can’t dainty as a status. Redresss for breach of status: –
1. The purchaser can disown the contract.
2. The purchaser can reject the goods.
3. Buyer has the option to handle the breach of status as a breach of guarantee. 4. Buyer can let waiver to the marketer without taking any action. Differentiation between guarantee and status: –
Sn. | condition| warranty|
1. As a value| A judicial admission shall be the status where it is indispensable to the chief intent of contract. | A judicial admission shall be the guarantee where the same is indirect to the chief intent of contract. | 2. Breach| The breach of status entitles to the purchaser to handle the contract and to disown the contract of sale. | The breach of guarantee gives rise to claim for amendss or loss merely. It should non incorporate to disown the contract. | 3. Treatment | The status is may or may non handle as a guarantee. It is depend upon the pick of the purchaser. | The guarantee is non handling as a status. It can’t supply for reject the goods and disown the contract. | Transfer of ownership: –
Transportation of ownership agencies transfer the belongings of goods to the other at a certain monetary value. Harmonizing to Latin axiom “NEMO DAT QUAD NON HABET” it means cipher can reassign the better rubric than he himself has. since sale of good involves transportation of ownership by the marketer to the purchaser ; how can a marketer who himself does non hold the ownership ; reassign the same to the purchaser thereof. Hence we can say- where goods are sold by the marketer to the purchaser ; who is non the existent proprietor thereof and who doesn’t sell them under the authorization and with the consent of original proprietor. This general regulation have certain exclusions they are as follows: FOUL MJSS
1. Sale by mercantile agent.
2. Sale by finder of goods
3. Sale by official assignee
4. Sale by the unpaid marketer
5. Sale by murderer of the company
6. Sale by joint proprietor
7. Sale by marketer in ownership of goods after sale.
8. Sale by purchaser in ownership of goods after sale.
9. Sell by the marketer who has ownership of goods under the evitable contract.
Definition of bringing of goods:
Delivery means voluntarily reassign the ownership of goods from one individual to another i. e. marketer to the purchaser. If the bringing can’t provides the voluntarily transportation by the marketer ; ( by coercion and larceny ) the contract of sale is rescindable ; and the purchaser can’t get the effectual rubric of goods. Therefore bringing may be in anyone the followers: 1. Actual bringing.
2. Symbolic bringing
3. Constructive bringing.
Rules sing bringing of goods: MMEET PIDA RED
1. Manners of bringing
2. Manner of bringing
3. Examine of bringing
4. Expenses of bringing
5. Consequence of portion bringing
6. Time of bringing
7. Topographic point of bringing
8. Installment bringing
9. Delivery of incorrect measure of goods
10. Application of bringing
11. Reject of goods
12. Delivery by bearer
13. Delivery and payment are coincident conditions.
Who is the unpaid marketer
The marketer of goods is deemed to be a unpaid marketer.
1. When the whole of the monetary value is non paid or tendered
2. When the measure of exchange or the negotiable instrument is received as conditional payment and is dishonored by any cause provided by Indian sale of goods act 1930 and English jurisprudence 1979. But Nepal jurisprudence has no any redresss for this. RIGHTS OF UNPAID SELLER
The right of unpaid marketer can be classified into two classs they are as follows:
1. Right against the goods and
2. Right against the purchaser personally
Right against the goods is besides classified into these:
I. Right of lien: the unpaid marketer of goods who has ownership of good is entitled to retain ownership of them until payment or stamp of monetary value. two. Right of arrest of goods in theodolite: it means the right of an unpaid marketer to halt motion of goods further in theodolite with a position to recover existent or constructive ownership of the goods. three. Right of resale: the unpaid marketer. who has retained ownership of the goods in exercising of his right of lien or who has regained ownership from the carried upon insolvency of the purchaser. can resell the good as per following conditions: 1. Where the goods are perishable.
2. Where the marketer expressly militias a right of resale.
3. In all other instances after giving sensible notice.
Definition of bailment:
Bailment is one of the commercial security steps like – pledge. fix. determination of lost goods etc. bailment is derived from the Gallic word ‘baillier’ which means bringing of goods. Bailment is besides a sort of particular contract and caused by the bringing of goods. Bailment is the alteration of ownership of goods non a transportation of ownership of goods as in a sale. Right and responsibilities of bailer:
The followers are the right of bailer:
1. Enforcement of responsibilities of bailee.
I. To demand compensation. in instance of amendss of goods.
two. To demand amendss in instance of unauthorised usage of goods.
three. To demand amendss in instance of unauthorised commixture of goods with the other goods. four. To return the goods in specified clip.
2. To end the contract.
3. Restoration of goods lent gratuitously.
The followers are the responsibilities of the bailor:
1. Duty to unwrap the unsafe nature of goods.
2. Duty to unwrap the known defect of the goods.
3. Duty to bear extraordinary disbursals.
4. Duty to indemnify the bailee.
5. Duty to have back the goods.
Right and responsibilities of bailee:
1. Enforcement of bailee responsibilities:
I. To indemnify the amendss caused by a deficiency of information about the known defect of goods. two. To demand extraordinary disbursals for the goods bailed. three. To indemnified for the harm caused by unauthorised goods or defect rubrics of goods. four. To demand compensation for non having backs the goods in clip. v. Right to return the goods to the bailor. even through the existent proprietor is another individual. 2. Right to present the goods to one of the several proprietors. 3. Right of particular lien.
4. Right to present goods in good religion to the ignoble bailor. Duties of bailee:
1. Duty non to do unauthorised usage of the goods bailed. 2. Not to blend the bailed goods with other goods.
3. Duty to return the goods to the bailor in clip.
4. To return the goods with their natural net income or increases. 5. To follow the footings of contract and the direction of the bailor. 6. Duty to counterbalance the loss or harm caused by him.
Finder of lost goods: –
Finder of lost goods means an guiltless finder of the lost goods of others. The individual. who finds in a public topographic point and holds them with the purpose of salvaging them for the true proprietor is non a intruder he will be regarded as a bailee. The finders of lost goods and true proprietor of the goods are regarded as indirect undertaking parties they are unknown in each other. In this circumstance the also-ran of the goods and the finder get some rights and responsibilities automatically by operation of jurisprudence. RIGHTS OF FINDER OF LOST GOODS ; –
1. Right of ownership
2. Right of lien
3. Right to action for wages
4. Right to sell the goods.
Termination of bailment of contract: –
1. on the fulfilment of intent.
2. On the expire of clip
3. On an act inconsistent with the footings
4. On the decease of the either party
5. On the devastation of capable affairs.
6. On the status of gratuitous bailment.
7. On the null status of the contract.