References: [1805] EngR 204, (1805) 6 East 519, (1805) 102 ER 1386
Links: Commonlii
Ratio: The lien of a common carrier for his general balance, however it may arise in point of law from an implied agreement to be inferred from a general usage of trade, proved by clear and satisfactory instances sufficiently numerous and general to warrant so extensive a conclusion affecting the custom of the realm, yet is not to be favoured, nor can be supported by a few recent instances of detention of goods by four or five carriers for their general balance. But such a lien may be inferred from evidence of the particular mode of dealing between the respective parties.
This case is cited by:
- See Also – Rushforth And Others, Assignees of Rushforth, v Hadfield And Others (Commonlii, [1806] EngR 70, (1806) 7 East 224, (1806) 103 ER 86)
A general lien is regarded in law as an exception, rather than the rule, because it advantages one creditor, otherwise unsecured, over the general body of unsecured creditors.
Where no lien exists at common law, it can arise by contract with . .
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Last Update: 28-Sep-16
Ref: 343277