Sec. CHAPTER 73-COMMON CARRIERS SUBCHAPTER I-COMMON CARRIERS IN GENERAL 2561. Common carrier defined. 2562. Obligation to accept freight. 2563. Compensation. 2564. Limitation of obligations. 2565. Exoneration agreements. 2566. Acceptance of ticket, bill of lading or written contract. 2567. Loss of valuable letters. SUBCHAPTER II-COMMON CARRIERS OF PERSONS 2591. Liability for luggage. 2592. Regulations for conduct of business. 2593. Payment of fare. 2594. Ejection of passengers. SUBCHAPTER III-COMMON CARRIERS OF PROPERTY 2621. Liability of inland carriers for loss. 2622. Application of exceptions. 2623. Liability for delay. 2624. Valuables; limitation of liability. 2625. Delivery of freight beyond usual route. 2626. Proof in case of loss. 2627. Services other than carriage and delivery. Subchapter I-Common Carriers in General § 2561. Common carrier defined Everyone who offers to the public to carry persons, property, or messages is a common carrier of whatever he thus offers to carry. § 2562. Obligation to accept freight A common carrier shall, if able to do so, accept and carry whatever is offered to him, at a reasonable time and place, of a kind that he undertakes or is accustomed to carry. § 2563. Compensation A common carrier is entitled to a reasonable compensation and no more, which he may require to be paid in advance. If payment thereof is refused, he may refuse to carry. § 2564. Limitation of obligations The obligations of a common carrier may not be limited by general notice on his part, but may be limited by special contract. § 2565. Exoneration agreements A common carrier may not be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants. § 2566. Acceptance of ticket, bill of lading or written contract Where a passenger or consignor receives a ticket, bill of lading, or written contract for carriage and makes no objection to its terms or conditions at the time he receives it, neither the passenger or consignor, nor any person who accepts delivery of the goods, nor any person who seeks to enforce any provision of the ticket, bill of lading, or written contract for carriage, may deny that he is bound by the terms and conditions, as far as they are not contrary to law or public policy. § 2567. Loss of valuable letters A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or notes, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents. Subchapter II-Common Carriers of Persons § 2591. Liability for luggage The liability of a carrier for luggage received by him with a passenger is the same as that of a common carrier of property. § 2592. Regulations for conduct of business A common carrier of persons may make rules for the conduct of his business, and may require passengers to conform to them, if they are lawful, public, uniform in their application, and reasonable. § 2593. Payment of fare A common carrier may demand the fare of passengers, either at starting or at any subsequent time. 82594. Ejection of passengers (a) A passenger who refuses to pay his fare or to conform to any lawful regulation of the carrier may be ejected from the vehicle by the carrier with as little violence as possible, at any usual stopping place or near a dwelling house. (b) After having ejected a passenger, a carrier may not require the payment of any part of his fare. Subchapter III-Common Carriers of Property § 2621. Liability of inland carriers for loss Unless the consignor accompanies the freight and retains exclusive control thereof, an inland common carrier of property is liable, from the time that he accepts until he relieves himself from liability pursuant to sections 2444-2446 of this title, for the loss or injury thereof from any cause whatever, except: (1) an inherent defect, vice, or weakness, or a spontaneous action, of the property itself; (2) the act of a public enemy of the United States; (3) the act of the law; or (4) an irresistible superhuman cause. § 2622. Application of exceptions A common carrier is liable, even in the cases excepted by section 2621 of this title, if his want of ordinary care exposes the property to the cause of the loss. § 2623. Liability for delay A common carrier is liable for delay only when it is caused by his want of ordinary care and diligence. § 2624. Valuables; limitation of liability A common carrier of gold, silver, platinum, or precious stones, or of imitations thereof, in a manufactured or unmanufactured state; of timepieces of any description; of negotiable paper or other valuable writings; of pictures, glass, or chinaware; of statuary, silk or laces; or of plated ware of any kind, is not liable for more than $50 upon the loss or injury of any one package of such articles, unless he has notice, upon his receipt thereof, by mark upon the package, or otherwise, of the nature of the freight; nor is he liable upon any package carried for more than the value of the articles named in the receipt or the bill of lading. § 2625. Delivery of freight beyond usual route If a common carrier accepts freight for a place beyond his usual route, he shall, unless he stipulates otherwise, deliver it at the end of his route in that direction to another competent carrier carrying to the place of address or connected with those who thus carry, and his liability ceases upon making such a delivery. § 2626. Proof in case of loss If freight addressed to a place beyond the usual route of the common carrier who first received it is lost or injured, he shall, within a reasonable time after demand, give satisfactory proof to the consignor, that the loss or injury did not occur while it was in his charge, or he will be himself liable therefor. § 2627. Services other than carriage and delivery In respect of any service rendered about freight by a common carrier, other than its carriage and delivery, his rights and obligations are defined by chapters 49-53 of this title, relating to deposit, and chapters 59-63 of this title, relating to service. CHAPTER 75—AGENCY IN GENERAL SUBCHAPTER I-DEFINITIONS Sec. 2661. Agent and agency defined. 2662. Capacity to appoint or be agent. 2663. General or special agents. 2664. Actual or ostensible agency. 2665. Actual agency defined. 2666. Ostensible agency defined. SUBCHAPTER II-AUTHORITY OF AGENTS 2691. Scope of authority. 2692. Performance of acts required of principal by this title. 2693. Defrauding principal. 2694. Creation of agency. 2695. Consideration unnecessary. 2696. Oral or written authorizations. 2697. Ratification of part of transaction. 2698. Ratification of agent's act. 2699. When ratification void. 2700. Third persons; effect of ratification. 2701. Rescission of ratification. 2702. Measure of agent's authority. 2703. Actual authority defined. 2704. Ostensible authority defined. 2705. Agent's authority as to persons having notice of restrictions. 2706. Necessary authority. 2707. Power to disobey instructions. 2708. Authority given in general and specific terms. 2709. Exceptions to general authority. 2710. Authority to sell personal property. 2711. Authority of general agent to receive price. 2712. Authority of special agent to receive price. SUBCHAPTER III—MUTUAL OBLIGATIONS OF PRINCIPALS AND THIRD PERSONS 2731. Principal's rights and liabilities from agent's acts. 2732. Incomplete execution of authority. 2733. Notice to principal or agent. 2734. Obligation of principal when agent exceeds authority. 2735. Acts under ostensible authority. 2736. Exclusive credit to agent. 2737. Person dealing with agent without knowledge of agency. 2738. Instrument intended to bind principal. 2739. Principal's responsibility for agent's negligence, wrongful act, or omis sion. 2740. Responsibility for agent's other wrongs. Sec. SUBCHAPTER IV-OBLIGATIONS OF AGENTS TO THIRD PERSONS 2761. Warranty of authority. 2762. Agent's responsibility to third persons. 2763. Surrender of property to third person. 2764. Application of chapter on persons. SUBCHAPTER V-DELEGATION OF AGENCY 2781. Agent's delegation of powers. 2782. Unauthorized subagent. 2783. Authorized subagent. SUBCHAPTER VI―TERMINATION OF AGENCY 2801. Termination generally. 2802. Revocation, death, or incapacity of principal. Subchapter I-Definitions § 2661. Agent and agency defined An agent is one who represents another, called the principal, in dealings with third persons. Such a representation is called agency. § 2662. Capacity to appoint or be agent Any person having capacity to contract may appoint an agent, and any person may be an agent. § 2663. General or special agents An agent for a particular act or transaction is called a special agent. All others are general agents. § 2664. Actual or ostensible agency An agency is either actual or ostensible. § 2665. Actual agency defined An agency is actual when the agent is really employed by the principal. § 2666. Ostensible agency defined An agency is ostensible when the principal intentionally, or by want of ordinary care, causes a third person to believe another who is not really employed by him to be his agent. Subchapter II-Authority of Agents § 2691. Scope of authority An agent may be authorized to do any acts which his principal might do, except those to which the latter is bound to give his personal attention. § 2692. Performance of acts required of principal by this title Every act which, according to this title, may be done by or to any person, may be done by or to the agent of that person for that purpose, unless a contrary intention clearly appears. 2693. Defrauding principal An agent may never have authority, either actual or ostensible, to do an act which is, and is known or suspected by the person with whom he deals to be, a fraud upon the principal. § 2694. Creation of agency An agency may be created, and an authority may be conferred, by a precedent authorization or a subsequent ratification. § 2695. Consideration unnecessary A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal. § 2696. Oral or written authorizations An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing may be given only by an instrument in writing. § 2697. Ratification of part of transaction Ratification of part of an indivisible transaction is a ratification of the whole. § 2698. Ratification of agent's act A ratification may be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act with notice thereof. § 2699. When ratification void A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act. § 2700. Third persons; effect of ratification An unauthorized act may not be made valid, retroactively, to the prejudice of third persons, without their consent." § 2701. Rescission of ratification A ratification may be rescinded only if made without such consent as is required in a contract, or with an imperfect knowledge of the material facts of the transaction ratified. § 2702. Measure of agent's authority An agent has such authority as the principal, actually or ostensibly, confers upon him. § 2703. Actual authority defined Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess. § 2704. Ostensible authority defined Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess. § 2705. Agent's authority as to persons having notice of restrictions An agent has actually such authority as is defined by this chapter and chapter 77 of this title, unless specially deprived thereof by his principal, and has even then such authority ostensibly, except as to persons who have actual or constructive notice of the restriction upon his authority. § 2706. Necessary authority An agent may: (1) do everything necessary or proper and usual, in the ordinary course of business, for effecting the purpose of his agency; and (2) make a representation respecting any matter of fact, not including the terms of his authority, but upon which his right to use his authority depends, and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made. |