Get premium membership and access questions with answers, video lessons as well as revision papers.
A lien is a right conferred upon a person by trade usage or custom or by the law in
certain circumstances, as a security for the fulfillment of an obligation owed by another
or others.
A lien may be possessory, equitable or maritime.
(a) Possessory lien: this is the right of person in possession of another's goods
to retain them to compel the owner to fulfill an obligation owning. It may be
particular or general and is dependent on possession which must be lawful and
continuous. It is a self-help remedy.
(b) Equitable lien: this is the right of a person to have certain property applied in a
particular manner. It is independent of possession and is enforceable by court
action.
(c) Maritime lien: this is the right to have a ship or its cargo sold and the
proceeds applied in a particular manner. It is independent of possession and is
enforceable by court action.
maurice.mutuku answered the question on May 3, 2018 at 07:52
- List and explain the general duties of a bailee and the bailor in a contract of bailment.(Solved)
List and explain the general duties of a bailee and the bailor in a contract of bailment.
Date posted: May 3, 2018. Answers (1)
- “Payment of a lesser sum of the day is satisfaction of a large sum is not sufficient consideration
for the creditor's promise to accept such payment...(Solved)
“Payment of a lesser sum of the day is satisfaction of a large sum is not sufficient consideration
for the creditor's promise to accept such payment in full settlement of the debt.” Discuss.
Date posted: May 3, 2018. Answers (1)
- Atieno and Nafula are neighbours in Kijiji Bandi village. Last year, Atieno quarreled
with Natula's employee, Nafula's employee collected stinking rubbish from a
compost heap in Nafula's...(Solved)
Atieno and Nafula are neighbours in Kijiji Bandi village. Last year, Atieno quarreled
with Natula's employee, Nafula's employee collected stinking rubbish from a
compost heap in Nafula's compound and threw it into Atieno's compound.
Atieno is aggrieved by this action and seeks your legal advice.
Advice as to her legal rights and course of action to take.
Date posted: May 3, 2018. Answers (1)
- Examine the extent to which an employer is liable for the torts committed by an
independent contractor.(Solved)
Examine the extent to which an employer is liable for the torts committed by an
independent contractor.
Date posted: May 3, 2018. Answers (1)
- Explain the principle of vicarious liability.(Solved)
Explain the principle of vicarious liability.
Date posted: May 3, 2018. Answers (1)
- K. Kemei want to buy a new car for G. N Motors Ltd. He selected a new and nice
looking car and was informed by G....(Solved)
K. Kemei want to buy a new car for G. N Motors Ltd. He selected a new and nice
looking car and was informed by G. N. Motors Ltd that the car was new and free from
any defects K. Kemei signed a sale agreement with the motor company which partly
read “…..no condition or warranty that the vehicle is road worthy or as to its age
or fitness for any purpose is given or implied by the seller. Goods once sold cannot be
returne.”
When the car was delivered to K. Kemei after paying for it, he discovered to his surprise that it
was a second hand car of the same make as the car he had selected but with several major
mechanical defects.
G. N Motors Ltd. insists that he sale was validly concluded and that they cannot be liable to K.
Kemei under any circumstances.
Advise Kemei.
Date posted: May 3, 2018. Answers (1)
- Discuss the rules that affect the effectiveness of exemption clauses.(Solved)
Discuss the rules that affect the effectiveness of exemption clauses.
Date posted: May 3, 2018. Answers (1)
- Write explanatory notes on law society of Kenya.(Solved)
Write explanatory notes on law society of Kenya.
Date posted: May 3, 2018. Answers (1)
- Write explanatory notes on duties or obligations of an advocate.(Solved)
Write explanatory notes on duties or obligations of an advocate.
Date posted: May 3, 2018. Answers (1)
- What were the weaknesses of the common law?(Solved)
What were the weaknesses of the common law?
Date posted: May 3, 2018. Answers (1)
- How is the supremacy of the constitution as a source of law manifested?(Solved)
How is the supremacy of the constitution as a source of law manifested?
Date posted: May 3, 2018. Answers (1)
- In what circumstances may a party challenge an arbitral award in the High Court?(Solved)
In what circumstances may a party challenge an arbitral award in the High Court?
Date posted: May 3, 2018. Answers (1)
- Explain the type of crossing that may be made on a cheque, highlighting the significance
of each type.(Solved)
Explain the type of crossing that may be made on a cheque, highlighting the significance
of each type.
Date posted: May 3, 2018. Answers (1)
- Define the term “a cheque”(Solved)
Define the term “a cheque”
Date posted: May 3, 2018. Answers (1)
- Discuss the contractual capacity of Corporations.(Solved)
Discuss the contractual capacity of Corporations.
Date posted: May 3, 2018. Answers (1)
- Discuss the contractual capacity of undischarged bankrupts.(Solved)
Discuss the contractual capacity of undischarged bankrupts.
Date posted: May 3, 2018. Answers (1)
- Discuss the contractual capacity of persons of unsound mind.(Solved)
Discuss the contractual capacity of persons of unsound mind.
Date posted: May 3, 2018. Answers (1)
- Discuss the statutory Provisions governing occupiers liability in Kenya.(Solved)
Discuss the statutory Provisions governing occupiers liability in Kenya.
Date posted: May 3, 2018. Answers (1)
- In relation to partnership law write explanatory notes on admission of a new partner.(Solved)
In relation to partnership law write explanatory notes on admission of a new partner.
Date posted: May 3, 2018. Answers (1)
- In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.(Solved)
In relation to partnership law write explanatory notes on Incapacities of an assignee Partner.
Date posted: May 2, 2018. Answers (1)