Legal Definitions - common carrier

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Definition of common carrier

A common carrier is a business or individual that publicly offers to transport goods or passengers for a fee to anyone who requests their service. Unlike a private carrier, which only agrees to transport for specific clients under individual contracts, a common carrier makes its services generally available to the public without discrimination, typically operating on established routes, schedules, or by publicly advertising its availability to all potential customers.

Here are some examples to illustrate this concept:

  • Imagine a large, national package delivery service that advertises its ability to ship parcels of various sizes to locations across the country and internationally. Anyone, whether an individual sending a gift or a business shipping products, can pay the advertised fee to use their services. They do not pick and choose customers based on individual agreements but rather offer their standard services to the general public.

    This illustrates a common carrier because the company holds itself out to the public as ready to transport goods for anyone willing to pay their published rates, rather than negotiating separate, unique contracts with each customer.

  • Consider a city's public bus system. It operates on fixed routes and schedules, and any member of the public can board a bus and travel along its route by paying the standard fare. The bus system does not enter into individual agreements with each passenger but provides a universally accessible service.

    This demonstrates a common carrier because the bus system offers its transportation service to the entire community, making it available to anyone who pays the fare, without requiring special arrangements or private contracts.

  • Think about a long-distance moving company that advertises its services for relocating household goods across state lines. They have standard pricing and service packages available to anyone who needs to move their belongings from one home to another. They don't limit their services to a select group but are open to any customer who meets their service requirements and pays the fee.

    This is an example of a common carrier because the moving company publicly offers its service of transporting household goods to any member of the public who wishes to hire them, rather than operating exclusively under private, negotiated contracts for specific clients.

Simple Definition

A common carrier is a business that transports goods or passengers for a fee. It distinguishes itself by offering its services to the general public, rather than only to specific customers under individual agreements.

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