Q. Name different kinds of lien on goods bailed.

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Answer

 

Lien means right to retain a property or goods until some charges due upon it or services rendered for its improvement, are paid. It is simply a right to retain the thing and does not give any right of property or ownership to bailee.

 

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Types of Lien

The two types of Lien which are found mention in Indian Contract Act, 1872, as follows:

1.      Particular lien: section 170 of ICA

Where the Bailee has in accordance with the purpose of Bailment, rendered any service which involves activity such as: exercise of Labor, skill in respect of the goods which are bailed, he has in absence of the contract to the contrary, a right in order to retain such type of goods until he receives due remuneration for the services he has rendered in respect of them.

Illustration: A delivers his mobile phone to B, a shopkeeper, to repair the same and which is to be done accordingly. B is entitled to retain that mobile phone  till he is paid for the services that he has rendered.

 

2.      General lien: section 171 of ICA

General Lien is one which gives the right to possession until the whole balance of the amount is paid.

Section 171 mentions about the General Lien of High Court attorneys, bankers, factors, wharfinger and policy brokers, in absence of a contract to the contrary, retain, as a security for the general balance of the account, and any goods which are to be bailed to them unless there is an express contract to that effect.

To sum up, in a general sense, the service providers are given the privilege of general lien. These identity service providers reserve a right to retain the goods which are bailed to them for the sake of a general balance of sum which is due to their customer.

 

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