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– Nelson Mandela

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Chapter 29 Creditor's Rights assignment

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Q 1) Why don't automobile mechanics take out mechanic's liens? 2) Differentiate mechanic's liens from artisan's liens? 3) What creditors options are available if a defaulting debtor has no property? 4) Differentiate between sureties and guarantors of debt 5) Which defenses of the principal are not available to a surety/guarantor? 6) Explain the 3 rights of the surety/gurantor.

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Automobile mechanics do not take out mechanic’s liens because there are never any legal agreements carried by any mechanic, especially during repair of a vehicle (Clarkson, Miller & Cross, 2016). Moreover, the application of a mechanic’s lien is on property which is real. However, the classification of property in case of automobiles cannot be matched with the classification of real property. The responsibility for the condition of any vehicle rests with a mechanic who undertakes the responsibility of repairing a vehicle. Therefore, the mechanic cannot be given the actual possession in case of the vehicle being classified into real property. Besides, there is also no transfer of ownership taking place in case of a mechanic repairing a vehicle.