The hauliers had exercised a lien over the goods it was carrying, releasing them only when provsion was made for payment. The claimants now sought damages for the exercise of the lien which it said was unlawful. The claimant issued a contract, but the defendant’s standard terms (on invoices and notes) incorporated the standard conditions of carriage which provided for a lien. The parties had contracted before, and the lien was used to recover payments due from other shipments.
Held: Though the haulier had failed to import his conditions into the hauliage contract as such, the terms set by the hirer applied only to the delivery, and at the point of storage, the hauliers terms, with the lien, applied.
Citations:
[2007] EWHC 611 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Cowey v Liberian Operations Ltd 1966
A unilateral notification by one party to the other, in the absence of agreement, cannot constitute a variation of a contract. . .
Cited – Re Anziani 1930
Maugham J considered what law applied when a transfer of the title to goods was asserted: ‘I do not think that anyone can doubt that, with regard to the transfer of goods, the law applicable must be the lex situs. Business could not be carried on if . .
Cited – Glencore International AG v Metro Trading International Inc and others ComC 1-Aug-2001
Under English conflicts of laws rules the transfer of title to movable property is governed by the law of the place where the property is situated.
Moore-Bick J commented obiter on a dictum of Millett J in Macmillan: ‘However, if the lex situs . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 21 January 2023; Ref: scu.250613
