Carrier's Case
Encyclopedia
Carrier's Case 13 Edw. IV, f. 9, pl. 5 (Star Chamber and Exchequer Chamber) was a landmark English court case in property crime
law
decided in the Star Chamber
(also called Anonymous v. The Sheriff of London
). The English
court adopted the "breaking bulk
" doctrine. If someone transporting merchandise on behalf of someone else (being a bailee
) and keeps the property by breaking it open and misappropriating the contents, it constitutes a crime
of larceny
.
merchant to transport bales of wool to the port in Southampton
. He opened the bales and took the goods for himself. Some of it came into possession of the Sheriff of London. The sheriff gave it to the King (forfeited as "waif
", a word to signify runaways or stolen goods). The merchant sued the sheriff to return the goods. He argued that the goods were not stolen, that the carrier only had temporary property rights and so the goods could not be given to the King. The Sheriff argued that the goods were stolen, that it was a felony and therefore properly forfeited to the King as waif
.
The legal relationship between the carrier and the merchant, as now, would have been seen as one of bailee and bailor, so bailee's have a duty of reasonable care for others' property in their possession. The merchant had royal safe conduct covering his goods. This meant that if the goods were stolen they would not be given to the Crown by the use of a waif. This happened in medieval times when a good was stolen. When the stolen goods were found, they became property of the King.
Despite the fact that the carrier had temporary possession of the goods with permission of the merchant, he had 'broken bulk', i.e., he had broken up the bails and then sold them. The fact that he broke bulk shows the intention to commit larceny. He was therefore guilty and hence the goods were forfeited to the king. However, due to the royal safe conduct that the merchant had, he got his goods back anyway.
Property crime
Property crime is a category of crime that includes, among other crimes, burglary, larceny, theft, motor vehicle theft, arson, shoplifting, and vandalism. Property crime only involves the taking of money or property, and does not involve force or threat of force against a victim...
law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
decided in the Star Chamber
Star Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
(also called Anonymous v. The Sheriff of London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
). The English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
court adopted the "breaking bulk
Breaking bulk (law)
In law, the term breaking bulk means taking anything out of a package or parcel or in any way destroying its entirety. It was thus important in connection with the subject of bailment, involving as it did the curious distinction that where a bailee received possession of goods in a box or package,...
" doctrine. If someone transporting merchandise on behalf of someone else (being a bailee
Bailment
Bailment describes a legal relationship in common law where physical possession of personal property, or chattel, is transferred from one person to another person who subsequently has possession of the property...
) and keeps the property by breaking it open and misappropriating the contents, it constitutes a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
of larceny
Larceny
Larceny is a crime involving the wrongful acquisition of the personal property of another person. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law. It has been abolished in England and Wales,...
.
Facts
A "carrier" was hired by a FlemishFlemish people
The Flemings or Flemish are the Dutch-speaking inhabitants of Belgium, where they are mostly found in the northern region of Flanders. They are one of two principal cultural-linguistic groups in Belgium, the other being the French-speaking Walloons...
merchant to transport bales of wool to the port in Southampton
Southampton
Southampton is the largest city in the county of Hampshire on the south coast of England, and is situated south-west of London and north-west of Portsmouth. Southampton is a major port and the closest city to the New Forest...
. He opened the bales and took the goods for himself. Some of it came into possession of the Sheriff of London. The sheriff gave it to the King (forfeited as "waif
Waif
A waif is a living creature removed, by hardship, loss or other helpless circumstance, from his original surroundings...
", a word to signify runaways or stolen goods). The merchant sued the sheriff to return the goods. He argued that the goods were not stolen, that the carrier only had temporary property rights and so the goods could not be given to the King. The Sheriff argued that the goods were stolen, that it was a felony and therefore properly forfeited to the King as waif
Waif
A waif is a living creature removed, by hardship, loss or other helpless circumstance, from his original surroundings...
.
The legal relationship between the carrier and the merchant, as now, would have been seen as one of bailee and bailor, so bailee's have a duty of reasonable care for others' property in their possession. The merchant had royal safe conduct covering his goods. This meant that if the goods were stolen they would not be given to the Crown by the use of a waif. This happened in medieval times when a good was stolen. When the stolen goods were found, they became property of the King.
Judgment
The judges all agreed that the actions of the carrier constituted larceny but they could not agree on a rationale. The prevailing reason was provided by Lord Chokke who concluded that the carrier had lawful possession of the bales only. The merchant retained constructive possession of the contents. Therefore, when the carrier broke open the bales and removed the contents, he committed the crime of larceny because he had taken the contents from the possession of the merchant. The merchant had a royal safe conduct covering his goods. The merchant argued that this protection meant that even if his goods were stolen, as the court had determined, they would not be forfeited to the King as waif. The court agreed with the merchant on this second point and the Sheriff was required to return the goods to the merchant.Despite the fact that the carrier had temporary possession of the goods with permission of the merchant, he had 'broken bulk', i.e., he had broken up the bails and then sold them. The fact that he broke bulk shows the intention to commit larceny. He was therefore guilty and hence the goods were forfeited to the king. However, due to the royal safe conduct that the merchant had, he got his goods back anyway.