What is Lien ?

      Lien is the right of one person to retain possession of goods owned by another until the possessor's claims against the owner have been satisfied.

Types of Lien 

There are two types of Lien

   (i) Particular Lien

   (ii) General Lien

Difference between General Lien and Particular Lien


No
                      Particular Lien
                   General Lien

1)

Section 170 of the Indian Contract Act, 1872 which confers on the Bailee, the right of particular lien.


Section 171 of the Indian Contract Act,1872 confer on Bailee the right of General Lien.   
2)

A particular lien gives the right to retain possession only of goods in respect of which the changes or dues have arisen.   

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


3)

Example:

   A delivers a rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered.



Example:

   The banker’s Lien is a general lien and he can retain the goods for the satisfaction of a debt other than the one for which the goods are pledged.

4)

The right of particular lien can be successfully claimed if by the exercise of labour or skill, there has been some improvement of the goods.


It is not necessary in case of general Lien.

5)

The Right of Particular Lien can be claimed only in respect of goods upon which labour or skill has been exercised by the Bailee.  


The right of General lien, can be claimed in respect of any goods for any change due in respect of other goods.  


See also 

1)  Why Law protects Possession ?

2) Duties and Liabilities of Bailor (Indian Contract Act 1872)

3) Distinction/ Difference between Bailment and Pledge

4) Distinction/ Difference between Bailment and Agency

5) When a unsound mind person is capable to enter into contract ?

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