How did the English law of bailment influence the law of carriage of goods?
In English common law, the law of bailment provided the foundational framework for the carriage of goods long before the development of modern contract law. Because a carrier was placed in possession of anotherās goods, the law imposed a duty to carry them safely and deliver them in good condition, independent of any specific contractual agreement.1
Under this historical framework, a carrier was legally considered a bailee. Consequently, the carrier was held liable for any loss or damage to the goods unless they could prove the harm resulted from an excepted cause. While modern rights and liabilities are now primarily governed by contracts of carriage, the influence of bailment persists as a vestige in the legal system. For instance, the owner of goods may still sue a carrier for loss or damage even if they are not a party to the contract of carriage. Furthermore, when a carrier holds goods for safekeeping before or after transit, or exercises a lien to secure payment, they assume the specific rights and duties of a bailee.123