To accept and carry goods of any person on payment of the reasonable charges of hire, provided there is room in his vehicle. But he is not bound to transport such goods as he does not profess to carry or those exposing him to extraordinary risk.
To carry goods in his customary manner without unnecessary delay or deviation. If the goods face unavoidable deterioration in the course of transit, he can act as an agent of necessity in disposing of them at the best available market place.
To deliver the goods on the completion of the transit to the consignee within a reasonable time. Where he causes unnecessary delay, he may be liable to pay damages unless the delay is inevitable due to some unforeseen circumstances.
To deliver the goods to the right person at the right place. If a carrier delivers goods to the wrong person, he will be liable incase he departed from the ordinary course of business practices.
A common carried like the hotel proprietor, is an insurer of goods accepted by him for onward journey and is liable to make good all loss or damage whether caused by his negligence or not. The rule, however, is subjected to the following exceptions.
– He is not liable if the loss or damage is due to an act of God.
– He is not liable from any loss or damage caused by the enemies of Kenya with which the country is at war.
– He is not liable for loss which arises from inherent defects in the goods carried.
– He is not liable for loss caused directly through negligence of the consignor for example through defective or improper packaging.
