Question 2 (c)

Bailee not paid: the right of lien, particular and general

5 marks

Time to write: About 10 minutes

From an older CBCS paper

Question

Question 2 (c) · 5 marks

In case under the contract the Bailee does not receive payment. Which right does he have? Discuss this right in detail, Discussing its kinds as well as bringing out any differences.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

10 minfor 5 marks

Read from the question

Which…?Discuss…Two asks in one question: answer both.

Write it in this order

Read; underline the asks; jot your points 1 min
1 Particular lien 2 marks 3 min
2 General lien 2 marks 3 min
3 Differences 1 mark 2 min
Check: every ask answered, key terms underlined 1 min

123

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks. End with step 3 in a line or two.

Try it first. About 10 minutes for 5 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

The right available to an unpaid bailee is the right of lien: to retain the goods bailed until he is paid.

Particular lien (s. 170). “Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods”, he may, in the absence of a contract to the contrary, retain them until he receives due remuneration for those services. A jeweller who cuts and polishes a rough diamond may retain it till paid; but a tailor who has promised to deliver a coat as soon as it is finished, with three months' credit, cannot retain it.

General lien (s. 171). “Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as” “security for a general balance of account any goods bailed to them”; no other person has this right unless there is an express contract to that effect.

Differences:

Basis	Particular lien	General lien
Goods retained	Only the goods on which labour or skill was spent	Any goods bailed, for a general balance
Who has it	Any bailee rendering such service	Bankers, factors, wharfingers, attorneys, policy-brokers, or by express contract
Basis	Section 170	Section 171

Where the 5 marks sit

#	Component	Marks
1	Particular lien	2
2	General lien	2
3	Differences	1
	Total	5

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