question (1 Viewer)

[thegovernator]

If you were to take your dog to one of those dog grooming 'salons' and you refused to pay, do you think they would have the right to withold your dog, similar to the way in which a mechanic has a lien over your car until you have paid for the repair work?

 

[M@C D@DDY]

According to property law, probably not since you are the rightful owner and they cannot use their possession to claim title. However there may be provisions in contract law which assumes that you have broken the conditions of the transactions...but that would be dependent on how your transaction was negotiated.

 

[thegovernator]

So when you hand over your car to a mechanic workshop, or your documents to a solicitor, a lien is created over the particular property which gives the legal title to the mechanic or solicitor, only to be returned once the account in question has been settled? But, could you argue that a new category of lien could be established (arguably a ridiculous one)?

What I'm saying though, is assume that the dog groomer doesn't want to pursue a contractual remedy against the pet owner, they would be more likely to get paid if they could threaten not to release the pet. Know what I'm saying?

 

[hfis]

I don't see why a lien wouldn't apply. See Dinmore Meatworks Pty Ltd v Kerr (1962) 108 CLR 628 at 632.

A case such as this one would be characterised as a particular lien, and due to the general nature of the common law in question (subject to statute, although I can't think of any restrictions off the top of my head), there appears to be no restrictions on the type of property involved. I imagine you could get an honours project out of 'the ethics of treating animals as property' though.

 

[thegovernator]

lol