carrier's lien

Carrier's Lien

The right of an individual or organization that publicly advertises itself for hire for the transportation of goods to keep possession of the cargo it has delivered to a destination until the person who is liable to pay the freight charges plus any other expenses incurred by its shipment has done so.

Not all carriers are automatically entitled to have a lien for nonpayment of freight charges. A private carrier, one that does not offer its services to the public but transports goods pursuant to a special agreement, does not have a lien on property shipped unless provided by statute or under the terms of the carriage contract.

When a carrier retains goods under a lien it must exercise reasonable care to protect the cargo. It will be liable for any damage to such property that might have been avoided if ordinary precautions had been taken. Damages resulting solely from the detention of the property are the responsibility of the person who has failed to pay the freight charges; he or she must absorb that loss.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

carrier's lien

see LIEN.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
Thus, the carrier's lien, recognized by the provisions of Article 13 of the Convention on the Agreement for the International Carriage of Goods by Road, Geneva 1956 (CMR Convention (12)), materialized in the carrier's possibility of not delivering the goods, until the recovery of claims resulting from the consignment note, ceases if the recipient consigns a bail.
(18) In maritime transport, although the law recognizes the maritime carrier's lien on the goods until the payment of the money due in connection to the carriage, it expressly provides that the material retention is carried out not by withholding the goods, but only their storage to a third party.
Courts reason that, because the spouse did not receive benefits from the workers' compensation claim, damages apportioned to the per quod claim should not be subject to a carrier's lien. Another example is in the case of damages awarded to dependents in a wrongful death or survival action.