When is a carrier treated as a warehouseman rather than as a carrier?

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In the context of the carriage of goods, a carrier is generally treated as a warehouseman when they are in possession of goods before the carriage begins or after it has terminated.1

The specific legal status and liability depend on the jurisdiction:

  • Common-law jurisdictions: The carrier acts as an ordinary bailee. In this capacity, they are typically liable for loss or damage only if it results from their intentional misconduct or negligence.1
  • Civil-law jurisdictions: The arrangement is often treated as a contract of deposit for reward, which is distinct from a contract of carriage. The depositary is generally liable for negligence and intentional misconduct, and the governing rules are found in civil codes.1

Additionally, a carrier may be considered an involuntary bailee or depositary if they remain in possession of goods because the consignee has unjustifiably refused to take delivery. These roles are distinct from the carrier's primary liability, which is limited to the duration of the actual carriage—from the time goods are received for shipment until reasonable steps for delivery have been taken.1