Protecting Carriers With No Settled Conditions
Page 16
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THE position of those carriers -Who have no settled conditions of carriage has been under the consideration of the S.J.C.; and the suggestion has been made that such carriers would be afforded a substantial measure of protection if: (a) the status of such a concern was, by notice, established as that of ,a private, not' a common, carrier, so reducing liability to that arising from the -negligence • of the carrier or his servants; (b) protection similar to that provided in the Carriers' Act were secured in respect of goods of high value specified in section 1 of the Act.
The suggestion was submitted to leading counsel, who' considered this to be a simple solution, and approved the following separate and distinct notices :-(i) " We reserve to ourselves the right at all times, at our discretion, ;and without giving any reason, to refuse to carry the goods of any particular person offering the same for conveyance." (ii) " In regard to goods which we accept for conveyance, we. are not responsible for the loss of or damage to, or delay in delivery of, any parcel or package containing goods describelt in Section 1 of the Carriers' Act 1830, where such parcel or package exceeds .£10 (ten pounds) in value, unless the value and nature of the _goods contained in such parcel or package shall have been declared by the person tendering the same for conveyance. and a sPecial contract made in regard thereto."
The first should appear at the top of the notepaper and of all other documents, the second at the foot of
these; also, the firstbe prominently displayed in all &pals and offices, . and the second similarly if so desired.