Carrier S Lien - Page 2 - Law Dictionary

Maritime lien

Maritime lien, is well defined to mean a claim or privilege upon a thing to be carried into effect by legal process, that process to be a proceeding in rem ...... This claim or privilege travels with the thing into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process by a proceeding in rem, relates back to the period when it first attached, Bold Buccbugh, The (1852) 7 Moo PCC 267: (1843-60) All ER Rep 125.A maritime lien is a claim which attaches to the res i.e., the ship, freight, or cargo. It may arise ex delicto, e.g., compensation for damage by collision, or ex contractu, for services rendered to the res; but it is strictly confined to services such as salvage, supply of necessaries to the ship, and seamen's wages, and the courts show no tendency to extend the privilege (see The Ripon City, 1897, P. 226). Thus for ordinary work done upon a ship, such as repairs, there will be no maritime lien...

lien waiver

lien waiver A document that releases a consumer (homeowner) from any further obligation for payment of a debt once it has been paid in full. Lien waivers typically are used by homeowners who hire a contractor to provide work and materials to prevent any subcontractors or suppliers of materials from filing a lien against the homeowner for nonpayment. Source: U.S. Department of Housing and Urban Development ...

Lien and claim

Lien and claim, where a claim cannot but be termed to be a genus-lien is a particular species arising out of the genus and the two terms namely, claim and lien cannot be identified with each other so as to accord same meaning, M.V. Al Quamar v. Travliris Salvage (International) Ltd., AIR 2000 SC 2826 (2847): (2000) 8 SCC 278. (Contract Act, 1872, s. 171)...

Possessory lien

Possessory lien. A possessory lien arises at common law from an agreement express or implied. As a rule it is immaterial how possession is obtained, Robbins v. Gray, (1895) 2 QB 501; Keene v. Thomas, (1905) 1 KB 136. The lien can be extinguished by tender of the amount due and may be lost by waiver express or implied, and also only continues so long as actual possession is retained. See LIEN....

Contractual lien

Contractual lien, this is a contractual right to retain possession pending payment of sums due to the possessor. The contractual lien, which is often equated with a pledge, is to be distinguished from it in that possession is taken for purposes other than security and unless otherwise agreed the lienee has merely a right to detain the goods until payment of what is due to him, not a right to sell them on default in payment, Halsbury's Laws of England, Vol. 4(1), para 609, p. 265....

Carrier S Lien - Law Dictionary Search Results

Maritime lien

lien waiver

Lien and claim

Possessory lien

Contractual lien

charging lien

Particular lien

voluntary lien

tax lien

statutory lien