Lien is a right to keep possession of property belonging to another person until a debt owed by that person is discharged. A particular lien is one in which the person has a right to retain the possession of goods for which the charges are due. A bailee is entitled to a particular lien only. When the bailee is entitled to retain any goods bailed to him for any amount due to him in respect of those goods or any other goods, it is called General Lien. A general lien is available to bankers, factors, and attorneys of High Court and policy brokers.
Particular Lien
- Particular lien implies a right of the bailee to retain specific goods bailed for non-payment of an amount.
- A particular lien can be exercised by a craftsman or a person who has spent his time, labor and money on the good retained.
- Goods are retained for a particular debt only.
- Exercised by Bailee, pledgee, finder of goods, agent, partner, unpaid seller etc.
- Ex: A tailor has the light to retain the clothes made by him for his customers until his tailoring charge is paid by customers.
General Lien
- General lien alludes to the right to keep possession of goods belonging to other against a general balance of an account.
- A general lien is applicable in respect of all amounts due from the debtor to the creditor.
- Goods are retained for all the debts due from the debtor to the creditor.
- Exercised by Bankers, Wharfingers, factors, policy brokers, attorneys etc.
- Ex- A banker’s lien is a general lien.
