This document discusses lien and finder of goods under Indian law. It defines lien as the right of a person in possession of another's property to retain it until a debt or obligation is discharged. It distinguishes between particular lien, which applies only to the specific bailed property, and general lien, which allows retention of any property to secure payment. Conditions for exercising particular lien include expending labor on the goods and payment being due. A finder of goods has the same responsibilities as a bailee, including lien rights and rights to sell under certain conditions. Bailment can be terminated for reasons like completion of the purpose or period of bailment or unauthorized use of goods.

1. Course Co-Ordinator:
Ms. Neetu Kushwaha
LIEN AND FINDER OF GOODS

2. LIEN
•A Lien is a right of one person to retain
property or goods which are in his
possession, belonging to another person
until the promise or the liability is
discharged. The lien may be particular or
general.

3. Particular Lien
•A particular lien is available
only against the particular
property in respect of which
the bailee has expanded labour
and skill.
•A bailee is entitled to a
particular lien only [Sec. 179]
•It should be noted that lien is
possessory in nature. Hence if
possession is lost, the lien is
also lost
General Lien
•A general lien is a right of
one person to retain any
property or goods which are
in his possession belonging to
another until the promise or
liability is discharged.
•General lien is available to
bankers, factors, attorneys of
high court, policy brokers
et.al.

4. Conditions for exercise of lien (particular lien)
•Right of lien can be exercise only when the bailee has expanded
his labour and skill on the goods bailed.
•Right of lien can be exercised only when the work has
completed in time. If the work has not been completed in time,
the lien cannot be exercised.
•Right of lien can be exercised only if the payment is due. In
case the payment is to be made, not on delivery, but at a future
date then the lien cannot be exercised.

5. Finder of goods [Sec. 71]
• A person who finds goods belonging to another and takes into his custody
in subject to the same responsibility as that of the bailee.
Rights of Finder of Goods:
(i) Right to lien
(ii) Right to receive specific reward [Sec. 168]
(iii) Right to sale :
* goods is of perishing nature
* if the lawful charge of the finder, amounts two-third of its value.
[Sec. 169]
*True owner cannot be found
* True owner found but refuses to pay lawful charges.

6. Termination of Bailment [Sec. 153]
•When the period or purpose is over.
•When the bailee makes unauthorized use of the goods.
•When the subject matter is destroyed.
•At the will of the bailor, however the termination
should not cause loss to bailee. [Sec. 159]
•When the bailor or bailee dies.