Also known as:transport · transports · transported · transporting
Written by attorneys · grounded in primary & secondary sources — see below
The movement of goods or persons from one place to another by a carrier.
Sources & Authorities
How it applies
Common Examples
6
Lawyer Provides Transportation Gift
Tara Tran, an indigent client represented pro bono by attorney Thomas Thompson, faces eviction and lacks funds for a bus pass to reach court hearings. Thompson gives her a modest prepaid transit card covering two weeks of local travel. The gift covers only basic living needs and creates no expectation of repayment or continued representation.
Officers Transport Suspect Without Cause
Police officers stop Tonya Takahashi on a public sidewalk based only on an unverified tip. They place her in a patrol car and drive her several miles to the station for questioning. The transport converts the encounter into a full arrest that requires probable cause.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Trailblazer Airlines receives nonconforming aircraft parts from a supplier and rightfully rejects them. The airline retains the parts in its warehouse and incurs reasonable trucking fees to move them to a secure storage site. These transportation expenses become part of the airline's security interest in the goods.
Abductor Carries Victim Across Border
Thaddeus Tran forcibly seizes Tracy Torres in State A and drives her across the state line into State B against her will. The movement from one jurisdiction to another completes the common-law kidnapping. Torres's lack of consent and the interstate transport establish the offense.
Buyer Incurs Shipping Costs After Breach
Topaz Mining contracts to purchase mining equipment that the seller fails to deliver. The buyer covers by purchasing substitute equipment from another vendor and pays additional freight charges to have the new equipment rushed to the mine site. These transportation expenses qualify as incidental damages recoverable from the breaching seller.
General Illustration of Movement
Tamara Tan ships perishable produce by rail from her farm to a distant market. The carrier's delay in transit causes spoilage and lost sales. The cost of the rail movement itself becomes relevant when calculating damages for the carrier's breach of the transportation contract.
Common questions
Frequently Asked
4
When does transporting a person convert an investigative stop into an arrest?+
Transporting a suspect from the scene to a station house for questioning is the functional equivalent of an arrest. Officers must therefore possess probable cause rather than mere reasonable suspicion. Any resulting statements or evidence may be suppressed if the transport lacked the required justification.
Supporting sources
What transportation expenses may a buyer recover after rightful rejection?+
A buyer who rightfully rejects goods obtains a security interest that includes reasonable expenses for inspection, receipt, transportation, care, and custody. The buyer may also recover these same transportation costs as incidental damages when the seller breaches. Resale of the goods follows the same rules that govern an aggrieved seller.
Supporting sources
May a lawyer provide transportation assistance to an indigent pro bono client?+
A lawyer representing an indigent client pro bono may provide modest gifts that cover transportation and other basic living expenses. The gift must not be promised before retention or used to induce continuation of the relationship. The lawyer may never seek reimbursement from the client or anyone affiliated with the client.
Supporting sources
What element of common-law kidnapping involves transportation?+
Common-law kidnapping required the forcible abduction or carrying away of a person from his own country and the transportation of that person into another country. The interstate or international movement completed the offense and distinguished it from simple false imprisonment.
Supporting sources
160 Tex. 380, 325 S.W.2d 684 (1959)Oil and Gas Law
…property, and if the investment itself is not to be considered, as is held by this Court, then neither is depreciation. In Transport Oil Co. v. Exeter Oil Co. Ltd. , 84 Cal. App. 2d 616, 191 P.2d 129, it was held that operation of an oil and gas leasehold at an annual profit of about $4,300, without deduction of reserves…