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Difference between revisions of "Repairers' Liens"
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=== The rights of repairers under common law === | === The rights of repairers under common law === | ||
In common law, a repairer has a right to keep goods that have been repaired until the repair bill is paid. This right is an '''implied term''' of the repair contract (see the Contracts Overview section). The parties do not have to specifically agree to the term. However, the parties can specifically agree to vary the term, though this is not usual. For example, when the consumer first brings the goods in for repairs, the consumer and the repairer might agree that the consumer can pay the repair bill a month after the goods are returned. Or, the repairer and the consumer might agree to this after the repairs are finished. Without this specific agreement, the repairer has the right to demand full payment before the goods are returned to the consumer. | In common law, a repairer has a right to keep goods that have been repaired until the repair bill is paid. This right is an '''implied term''' of the repair contract (see the [[Contracts Overview]] section). The parties do not have to specifically agree to the term. However, the parties can specifically agree to vary the term, though this is not usual. For example, when the consumer first brings the goods in for repairs, the consumer and the repairer might agree that the consumer can pay the repair bill a month after the goods are returned. Or, the repairer and the consumer might agree to this after the repairs are finished. Without this specific agreement, the repairer has the right to demand full payment before the goods are returned to the consumer. | ||
In common law, once the goods are returned to the consumer, the repairer no longer has possessory rights. This point is not relevant if the consumer pays the bill, but it is relevant if the parties agree that the consumer can take the goods and pay the repair bill later. If the consumer were later to default on the promise to pay the bill, the repairer only has a right to sue for the money owed. The repairer does not have any right to take the goods. | In common law, once the goods are returned to the consumer, the repairer no longer has possessory rights. This point is not relevant if the consumer pays the bill, but it is relevant if the parties agree that the consumer can take the goods and pay the repair bill later. If the consumer were later to default on the promise to pay the bill, the repairer only has a right to sue for the money owed. The repairer does not have any right to take the goods. | ||
