lien a SECURITY right permitting one person to retain possession of goods owned by another until the claims of the person retaining the goods as against the owner have been satisfied.

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An agent has a lien on the goods and chattels of his principal in respect of all claims arising out of his employment as an agent. The lien entitles the agent to detain goods in his possession belonging to his principal until all the legitimate claims of the agent have been sat- isfied.

In connection with moveable property, a lien is the right of an agent or bailee to retain possession of a CHATTEL entrusted to him until his claim has been paid; in relation to land, a vendor has a lien over the land for unpaid purchase money. Liens are either particular, as, for example, a right to retain a thing for some charge or claim arising out of or in connection with the thing, like that of a garage proprietor, or general, as, for example, a right to retain a thing not only for such charges or claims but also for a general balance of accounts between the parties in respect of other dealings of a like nature, such as the solicitor's lien.

The UNPAID SELLER of goods who is in possession of the goods is entitled to retain possession of them until payment or tender of the price. This lien exists only where the buyer becomes insolvent. The seller may exercise his lien or right of retention notwithstanding that he is in possession of the goods as agent or bailee or custodier for the buyer. In order to exercise his lien, the seller must be in possession of the goods. He does not lose possession merely because he gives tem- porary or limited control of goods to the buyer, e.g. to mark them or pack them in his own containers. The unpaid seller of goods loses his lien or right of retention in respect of the goods in three situations:

(1) when he delivers the goods to a carrier or other bailee or cus- todier for the purpose of transmission to the buyer without reserv- ing the right of disposal of goods;

(2) when the buyer or his agent lawfully obtains possession of the goods;

(3) a lien or right of retention may be lost by waiver.

On the dissolution of a PARTNERSHIP, each partner has a general lien on the firm's surplus assets; this lien arises out of a partner's statu- tory right to have the surplus assets (after payment of the firm's debts and liabilities) applied in payment of what may be due to the partners respectively (after deducting what may be due from them as partners to the firm).

In CARRIAGE OF GOOD BY AIR cases, there is no provision in the War-

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saw Convention about the carrier's lien; the ordinary common law rules therefore apply. In CARRIAGE OF GOODS BY ROAD cases, the carri- er has a right at common law to retain possession of goods until he is paid the freight owing to him for the carriage of the goods. In CAR- RIAGE OF GOODS BY SEA cases, the carrier has a lien at common law not only in respect of the freight and general average contribution due in respect of the goods upon which he exercises the lien but also for sums due for freight and general average in respect of all the goods of the same owner in the same ship of the same voyage.

• National Assembly for Wales
• nationality
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• natural person
• nautae caupones stabularii
• navigation
• nec
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