Scottish National Dictionary (1700–)
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First published 1968 (SND Vol. VII).
This entry has not been updated since then but may contain minor corrections and revisions.
RETENTION, n. Sc. Law: the right of an owner of any property under contract to be conveyed to another to retain it until the other party fulfils some counter-obligation, e.g. a seller retaining goods until paid for, a form of lien.Sc. 1715 Morison Decisions 1397:
He had retention, in respect of the counter-obligement by Ronaldson never implemented.Sc. 1754 Erskine Principle III. iv. § 8:
The right of retention, which bears a near resemblance to compensation, is chiefly competent where the mutual debts, not being liquid, cannot be the ground of compensation.Sc. 1838 W. Bell Dict. Law Scot. 595:
Before the introduction of the term lien into Scotch legal phraseology, the right to retain the property of a debtor was recognised under the name of the right of retention.Sc. 1927 Gloag & Henderson Intro. Law Scot. 185:
If the title of the creditor is in form absolute his security, unless lnmited by some express contract, involves a right of retention, which will cover any debt incurred in the future.Sc. 1946 A. D. Gibb Legal Terms 78:
Retention. The withholding by one party to a contract of due performance in order to compel the other party to due performance.
