Common carrier definition

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Types of carrier of goods

This Practice Note provides an introduction to two types of cargo carrier; common carriers and private carriers, and explains the key aspects of their respective liabilities under their contractual relationships. The Practice Note concerns the carriage of goods only, and not the carriage of passengers.Definition of carrierA ‘carrier’ can be simply defined as a person who carries cargo (or indeed carries passengers, but passenger carriage is outside the scope of this Practice Note) for the benefit of other persons, whether gratuitously or for payment (or ‘reward’).The types of carrier are:•common carriers•private carriers•other types of carriers with special rights and dutiesFor the avoidance of doubt, the following are not carriers:•stevedores•forwarding agents who merely arrange or procure carriage by othersWhile they are not carriers for the purposes of this Practice Note, it is worth mentioning that logistics companies will often contract with their clients under terms covering the storage and carriage of goods. The United Kingdom Warehousing Association (UKWA) Contract Conditions for Logistics provides an example of such standard terms frequently used by logistics service providers in the UK.Common carriersThe liabilities of common carriers are determined by the common law, subject to any relevant statutory (Carriers Act 1830) or contractual modifications.Whether or not a person is a common carrier is a question of fact, unless a specific statutory

Carriage of goods by air

This Practice Note provides a summary of the common law and conventions governing international carriage by air. It explains the liability of the carrier and measure of damages under the common law and the conventions. The Warsaw Convention and Montreal Convention (and the various versions of each) are explained, an explanation of how to work out which convention applies is provided and limitation of liability, jurisdiction and time bars under the conventions are also discussed. The Practice Note also provides an introduction to cargo documentation requirements and liability for loss, damage or delay to cargo.Carriers of goods by air may be liable under:•common law•international conventions•EU regulationsThis Practice Note provides an introduction to a large and complex topic that is dealt with in detail in Shawcross & Beaumont: Air Law. The focus on this Practice Note is on the common law and to a greater extent, to the conventions governing international carriage by air.Common lawAt common law, a carrier may be liable:•on the basis of express or implied terms in the contract of carriage•as a bailee of the goods•in negligence and/or as occupiersContract and negligenceNormal contractual and negligence principles will need little further explanation in this Practice Note. Examples of claims include loss, damage or delay to cargo caused by:•the aircraft being unfit for the

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Bucking the trend—exploring Facebook algorithms and allegations of bias

IP & IT analysis: As social media companies come under increased scrutiny for their impact on public discourse, controversy in the US about Facebook’s algorithm for trending news has subsided but not gone away. Vivek Krishnamurthy of Harvard University’s Cyberlaw Clinic explains a febrile intersection between law, media, technology and algorithmic influence.

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3. Characteristics of a common carrier.

Historically, a common carrier is one who exercises the public profession of carrying the goods of all persons wishing to use his services or of carrying passengers whoever they may be. The legal principle still exists, although in practice it has been superseded by legislation.The rights and liabilities of a common carrier are determined by the common law for reasons of public policy1, although they may be varied by contract2, and stem from his status as a common carrier rather than from contract, express or implied3.