Page 50 - 01. Indian Contract Act, 1872
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It is available to bankers, factors, warfingers, attorneys of High Court and policy brokers.
Differences between general and particular lien
General Lien Particular Lien
1 Right to detain / retain any goods of the It is exercisable only on such goods in
bailor for balance of amount outstanding. respect of which charges are due.
It is recognized through an agreement. It is automatic.
2 It can be exercised against goods von It comes into play only when some
without involvement of labour r skill. labour or skill is involved.
Finder of Goods
Refers to a person who finds the goods belonging to another person i.e. the goods lost
by the true owner - he enjoys all the rights and carries all the responsibilities of a
bailee.
Though the finder has no right to sell the goods found in the normal course, he may sell
the goods if the real owner cannot be found with reasonable efforts or it the owner
refuses to pay the lawful changes subject to the following conditions:
(1) article is in danger of perishing and losing the greater part of the value,
(2) lawful charges of the finder amounts to two-third of the value of the article found.
Carrier as Bailee
Carrier undertakes to carry goods of all persons safely to its destination. He
undertakes to make good all losses unless caused by an act of God or public
enemies:
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