Transportation Law

• It is the action of transporting someone or something or the process of being transported

1. Persons, corporations, firms or associations

2. Engaged in the business of carrying or transporting passengers, goods or both

3. Means of carriage is by land, water or air

4. The carrying of passengers, goods or both is for compensation

5. The service is offered to the public without distinction

1. Public Airlines

2. Rail roads

3. Bus lines

4. Taxicab Companies

5. Cruise ship

6. Motor Carriers

Common carriers are responsible for the loss, destruction, or deterioration of the goods, unless the same is due to any of the following causes only

 (1) Flood, storm, earthquake, lightning, or other natural disaster or calamity;

(2) Act of the public enemy in war, whether international or civil;

(3) Act or omission of the shipper or owner of the goods;

(4) The character of the goods or defects in the packing or in the containers;

(5) Order or act of competent public authority.

 

Engaged in the business is deemed to cover operations whether regular or schedule, occasional, episodic or unscheduled.

One is a common carrier even if he has no fixed and publicly known route, maintains no terminals and issues no ticket

If you flag a common carrier down, the contract becomes perfected and is consistent with the idea that entering with a contract with the common carrier is a matter of right and not permission

Recovery from a contract with a common carrier, only requires the contract and that the goods were lost. This is so because of the presumption of negligence

The shipper as well as the carrier of merchandise or goods may mutually demand that a bill of lading be made