Hindu Law and Custom (Recht und Sitte) c8.167

c8.167

Similar rules are applied also to transport agreements. Thus the transporters are responsible and punishable for the damage to the cargo caused by their own negligence; in the case of unintentional negligence of the duties of agreement, they must pay a compensation the amount of which depends upon the particular circumstances. On the other hand however the the owner of the cargo has to pay compensation if he withdraws from the agreement without mutual consent and it is for him to take care of a servant who may fall ill on the road; in the case of an interruption of the transport for which the transporter is not guilty, e. g. on account of the attack of robbers, he must pay the transporter for the portion of the journey already accomplished (Vi. 5, 153—159: M. 8, 215—217; Nār. 6, 4—9; Y. 2, 193—198; Katy. 15, 16—18 etc.¹).