Title 18 — Business Structure and Function

Rights and duties peculiar to carriers by sea are defined by Acts of Congress. COL120106 SOURCE: CC § 2088.

Carriers without reward are subject to the same rules as employees without reward, except so far as is otherwise provided by this Part. SOURCE: CC § 2089.

A carrier without reward, who has begun to perform his undertaking, must complete it in like manner as if had received a reward, unless he restores the person or thing carrier to as favorable a position as before he commenced the carriage. SOURCE: CC § 2090. NOTE: No 1970 Civil C…

A carrier of persons without reward must use ordinary care and diligence for their safe carriage. SOURCE: CC § 2096. NOTE: No 1970 Civil Code '§ 2097-2099 existed. ---------- ARTICLE 2 CARRIAGE FOR REWARD

A carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill. SOURCE: CC § 2100.

COL120106 A carrier of persons for reward is bound to provide vehicles safe and fit for the purpose to which they are put, and is not excused for default in this respect by any degree of care. SOURCE: CC § 2101.

A carrier of persons for reward must not overcrowd or overload his vehicle. SOURCE: CC § 2102.

A carrier of persons for reward must give to passengers all such accommodations as are usual and reasonable, and must treat them with civility, and give them a reasonable degree of attention. SOURCE: CC § 2103.

A carrier of persons for reward must travel at a reasonable rate of speed, and without any unreasonable delay, or deviation from his proper route. SOURCE: CC § 2104. CROSS-REFERENCES: Regulation of taxicabs is found in Title 16, Chapter 11, Guam Code Annotated. Laws respecting th…

Property carried is called freight; the reward, if any, to be paid for its carriage is called freightage; the person who delivers the freight to the carrier is called the consignor; and the person to whom it is to be delivered is called the consignee. SOURCE: CC § 2110. NOTE: No …

A carrier of property for reward must use at least ordinary care and diligence in the performance of all his duties. A carrier without reward must use at least slight care and diligence. SOURCE: CC § 2114.

A carrier must comply with the directions of the consignor or consignee to the same extent that an employee is bound to comply with those of his employer. SOURCE: CC § 2115.

When the directions of a consignor and consignee are conflicting, the carrier must comply with those of the consignor in respect to all matters except the delivery of the freight, as to which he must comply with the directions of the consignee, unless the consignor has specially …

A marine carrier must not stow freight upon deck during the voyage, except where it is usual to do so, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight. SOURCE: CC § 211…

A carrier of property must deliver it to the consignee, at the place to which it is addressed, in the manner usual at that place. SOURCE: CC § 2118.

If there is no usage to the contrary at the place of delivery, freight must be delivered as follows: 1. If carried by sea from [a] foreign country, it may be delivered at the wharf where the ship moors, within a reasonable distance from the COL120106 place of address; or, if ther…

If, for any reason, a carrier does not deliver freight to the consignee or his agent personally, he must give notice to the consignee on its arrival, and keep the same in safety, upon his responsibility as a warehouseman, until the consignee has had a reasonable time to remove it…

If a consignee does not accept and remove freight within a reasonable time after the carrier has fulfilled his obligation to deliver, or duly offered to fulfill the same, the carrier may exonerate himself from further liability by placing the freight in the custom house or in a s…

A carrier may require his freightage to be paid upon his receiving the freight, but if he does not demand it then, he cannot until he is ready to deliver the freight to the consignee. SOURCE: CC § 2186.

The consignor of freight is presumed to be liable for the freightage, but if the contract between him and the carrier provides that the consignee shall pay it, and the carrier allows the consignee to take the freight, he cannot afterwards recover the freightage from the consignor…

The consignee of freight is liable for the freightage, if he accepts the freight with notice of the intention of the consignor that he should pay it. SOURCE: CC § 2188.

No freightage can be charged upon the natural increase of freight. SOURCE: CC § 2189.

If freightage is apportioned by a bill of lading or other contract made between a consignor and carrier, the carrier is entitled to payment, according to the apportionment, for so much as he delivers. SOURCE: CC § 2140.

COL120106 If a part of the freight is accepted by a consignee, without a specific objection that the rest is not delivered, the freightage must be apportioned and paid as to that part, though not apportioned in the original contract. SOURCE: CC § 2141.

If a consignee voluntarily receives freight at a place short of the one appointed for delivery, the carrier is entitled to a just proportion of the freightage, according to distance. If the carrier, being ready and willing, offers to complete the transit, he is entitled to the fu…

If freight is carried further, or more expeditiously, than was agreed upon by the parties, the carrier is not entitled to additional compensation, and cannot refuse to deliver it, on the demand of the consignee, at the place and time of its arrival. SOURCE: CC § 2143.

A carrier has a lien for freightage and for services rendered at request of shipper or consignee in and about the transportation, care, and preser- vation of the property, and he also has a lien for money advanced at request of shipper or consignee to discharge a prior lien. His …

A carrier by water may, when in case of extreme peril it is necessary for the safety of the ship or cargo, throw overboard or otherwise sacrifice, any or all of the cargo or appurtenances of the ship. Throwing property overboard for such purpose is called jettison, and the loss i…

A jettison must begin with the most bulky and least valuable articles, so far as possible. SOURCE: CC § 2149.

A jettison can be made only by authority of the master of a ship, except in case of his disability, or of an overruling necessity, when it may be made by any other person. SOURCE: CC § 2150.

The loss incurred by a jettison, when lawfully made, must be borne in due proportion by all that part of the ship appurtenances, freightage, and cargo, for the benefit of which the sacrifice was made, as well as by the owner of the thing sacrificed. SOURCE: CC § 2151.

The proportions in which a general average loss is to be borne must be ascertained by an adjustment, in which the owner of each separate interest is to be charged with such proportion of the value of the thing lost as the value COL120106 of his part of the property affected bears…

In estimating values for the purpose of a general average, the ship and appurtenances must be valued as at the end of the voyage, the freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge, adding, in each case, the amount made …

The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only in case it is usual to stow such things on deck upon such a voyage. SOURCE: CC § 2154.

The rules herein stated concerning jettison are equally applicable to every other voluntary sacrifice of property on a ship, or expense necessarily incurred, for the preservation of the ship and cargo from extraordinary perils. SOURCE: CC § 2155. NOTE: No 1970 Civil Code '§ 2156-…

Every one who offers to the public to carry persons, property, or messages, excepting only telegraphic messages, is a common carrier of whatever he thus offers to carry. SOURCE: CC § 2168.

A common carrier must, 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. SOURCE: CC § 2169.

A common carrier must not give preferences in time, price, or otherwise, to one person over another. SOURCE: CC § 2170.

COL120106 A common carrier must always give a preference in time, and may give a preference in price, to the United States and to the Government of Guam. SOURCE: CC § 2171. NOTE: No CC § 2172 existed.

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. SOURCE: CC § 2173. NOTE: No CC § 2174 existed.

A common carrier cannot be exonerated by any agreement made in anticipation thereof, for liability for the gross negligence, fraud, or willful wrong of himself or his servants. SOURCE: CC § 2175.

A passenger, consignor, or con-signee, by accepting a ticket, bill of lading, or written contract for carriage, with knowledge of its terms, assents to the rate of hire, the time, place, and manner of delivery therein stated; and also to the limitation stated therein upon the amo…

A common carrier is not responsible for loss or miscarriage of a letter, or package having the form of a letter, containing money or noted, bills of exchange, or other papers of value, unless he be informed at the time of its receipt of the value of its contents. SOURCE: CC § 217…

A common carrier of persons, unless his vehicle is fitted for the reception of persons exclusively, must receive and carry a reasonable amount of baggage for each passenger without charge, except for an excess of weight over 100 pounds to a passenger; if such carrier is a proprie…

Luggage may consist of whatever the passenger takes with him for his personal use and convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the important necessities or to the ultimate purposes of his journey. 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. SOURCE: CC § 2182. NOTE: No CC §§ 2183-2185 existed.

A common carrier of persons may make rules for the conduct of its business, and may require passengers to conform to them, if they are lawful, uniform in their application, and reasonable. SOURCE: CC § 2186. NOTE: Carriers operating between Guam and other places are regulated by …

A common carrier may demand the fare of passengers, either at starting or at any subsequent time. SOURCE: CC § 2187.

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. But this must be done with as little violence as possible, and at any usual stopping place or near some dwelling house. SOURCE: CC § 2188…

A common carrier has a lien upon the luggage of a passenger for the payment of such fare as he is entitled to from him. This lien is regulated by Part 2 of this Division of this Title (Liens). SOURCE: CC § 2191. NOTE: No 1970 Civil Code '§ 2192-2193 existed. COL120106 ---------- …