Difference between General Lien and Particular Lien

261 votes

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.
 

What is 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. It is exercised by Bailee, pledgee, finder of goods, agent, partner, unpaid seller etc.

In accordance with the purpose of bailment if the bailee by his skill or labour improves the goods bailed, he is entitled for remuneration for such services. Towards such remuneration, the bailee can retain the goods bailed if the bailor refuses to pay the remuneration. Such a right to retain the goods bailed is the right of particular lien. He however does not have the right to sue.

Where the bailee delivers the goods without receiving his remuneration, he has a right to sue the bailor. In such a case the particular lien may be waived. The particular lien is also lost if the bailee does not complete the work within the time agreed.
 

What is 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. It is exercised by Bankers, Wharfingers, factors, policy brokers, attorneys etc.

A general lien is the right to retain the property of another for a general balance of account. In contract the particular lien is the right to retain the particular goods bailed for non-payment of charges/remuneration.
Bankers, factors, wharfingers, policy brokers and attorneys of law have a general lien in respect of goods which come into their possession during the course of their profession. For instance a banker enjoys the right of a general lien on cash, cheques, bills of exchange and securities deposited with him for any amounts due to him. For instance ‘A’ borrows ` 500/- from the bank without security and subsequently again borrows another ` 1000/- but with security of say certain jewellery. In this illustration, even where ‘A’ has returned ` 1000/- being the second loan, the banker can retain the jewellery given as security to the second loan towards the first loan which is yet to be repaid.

Under the right of general lien the goods cannot be sold but can only be retained for dues. The right of lien can be waived through a contract. Interestingly, Chartered Accountants have a general lien against the books of their clients which come into their possession against professional fees not paid to them by those clients.
 

What are the differences between General Lien and Particular Lien?

The key difference between general lien and particular lien is as given below:

1. General Lien can be described as the right granted to a person to retain the possession of goods belonging to another person against the general balance of the account. On the contrary, the particular lien can be understood as the right of an individual to keep specific goods bailed, until the dues relating to those goods are discharged.

2. A general lien is available for any goods, in respect of which the claims are not satisfied. Conversely, the particular lien is available only against the goods in respect of which bailee has expensed skill and labor.

3. General Lien is not automatic but is recognized through an agreement, whereas particular lien is automatic.

4. The holder of goods has no right to sell the goods to discharge the amount unpaid, in the case of general lien. On the other hand, in the case of particular lien the bailee can not sell the goods to realize his/her debts, however, in special conditions, the right is conferred.

5. General Lien is most commonly exercised by bankers, wharfingers, factors, policy brokers, attorneys, etc. As against this, the particular lien is employed by a bailee, unpaid seller, finder of goods, pledgee, partner, agent, etc.

LawRato LawRato

888 votes

HYE
ADVOCATE ANUPAM KUMAR MISHRA
In Particular lien, the person reserves the right to retain the possession of the goods until the charges due in respect of the property are paid. A general lien is a right to retain the possession for the payment of the sum which is owed and even if the payment is not connected with the property in possession.

Advocate Anupam Kumar Mishra LawRato

267 votes

In legal terms, liens are rights granted to individuals or entities over the property or assets of others as security for a debt or obligation. There are two common types of liens: General Lien and Particular Lien. Here's a breakdown of the key differences between the two:
General Lien:

1. Definition: A General Lien gives the holder the right to retain possession of any property or assets owned by another until all outstanding debts or obligations, whether related or unrelated, are satisfied.
2. Scope: It applies broadly to all debts and obligations owed by the person against whom the lien is enforced.
3. Example: An attorney may have a general lien over a client's files and documents until all legal fees, even those unrelated to a specific case, are paid.

Particular Lien:

1. Definition: A Particular Lien is more limited in scope. It allows the holder to retain possession of a specific property or asset until a particular debt or obligation related to that property is resolved.
2. Scope: It applies only to the specific debt or obligation for which the lien was created.
3. Example: A repair shop may have a particular lien over a customer's car for unpaid repair bills. They can retain the car until the repair charges are paid, but they cannot use the lien to collect unrelated debts.

Key Differences:

• Scope: The primary difference between the two lies in their scope. General liens cover a wide range of debts, while particular liens are specific to a single debt or obligation.
• Enforcement: General liens are typically more challenging to enforce because they require the satisfaction of all debts, which can be unrelated and unrelated to the property in question.
• Specificity: Particular liens are more specific and straightforward to enforce as they are directly tied to a single debt or obligation related to the property.

Advocate Chikirsha Mohanty LawRato

175 votes

A general lien is the right to retain possession of goods that belong to someone else against the balance of their account. A particular lien is a bailees right to keep specific goods that were bailed due to non-payment. The goods for which an amount is owed to another party.

Advocate Chikirsha Mohanty LawRato