Question 2
Bailee's particular lien and the general lien of bankers and factors
18.75 marks
- Time to write
- About 38 minutes
From an older CBCS paper
Question
Question 2 · 18.75 marksQ.2. Explain the nature of the particular lien of a bailee. In what way does it differ from the general lien of bankers and factors?
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
Read from the question
- Explain…What…?Two asks in one question: answer both.
- differ fromSet the differences out in a table, basis by basis, not as two separate essays.
What the paper leaves open
The paper prints no mark per question (any four of six, equal marks, 75 in all); each question is reckoned here at 18.75 marks.
Write it in this order
- Read; underline the asks; jot your points 2 min
- 1 Particular lien with illustrations 7 marks 13 min
- 2 General lien 5 marks 9 min
- 3 Differences 6.8 marks 12 min
- Check: every ask answered, key terms underlined 2 min
Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.
Try it first. About 38 minutes for 18.75 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.
Particular lien (s. 170, Indian Contract Act, 1872). “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 bailed, he has, in the absence of a contract to the contrary, a right to retain” them until he receives due remuneration for those services. A jeweller who cuts and polishes A's rough diamond may retain it until he is paid; but a tailor who promises three months' credit for a coat has no right to retain it. The lien is particular: it covers only the goods on which the service was rendered, and only for the charges for that service.
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 a security for a general balance of account any goods bailed to them”; no other persons have this right without an express contract to that effect.
| Basis | Particular lien | General lien |
|---|---|---|
| Goods covered | Only the goods on which labour or skill was spent | Any goods bailed to the person |
| Debt secured | Remuneration for that particular service | A general balance of account |
| Who has it | Any bailee rendering skilled service (s. 170) | Bankers, factors, wharfingers, High Court attorneys and policy-brokers (s. 171) |
| Basis | Arises by law on the service | Arises by law for these persons, or by express contract for others |
Where the 18.75 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Particular lien with illustrations | 7 |
| 2 | General lien | 5 |
| 3 | Differences | 6.75 |
| Total | 18.75 |
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