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Bailment 1

Bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. Bailments can be classified based on benefits, as for the bailor only, bailee only, or mutual benefit of both; and based on rewards, as gratuitous or non-gratuitous. The rights and duties of the bailor and bailee are also outlined. Pledge is a specific type of bailment where goods are delivered as security for payment of a debt or performance of a promise.

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Dulon Chakraborty
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93 views16 pages

Bailment 1

Bailment is defined as the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. Bailments can be classified based on benefits, as for the bailor only, bailee only, or mutual benefit of both; and based on rewards, as gratuitous or non-gratuitous. The rights and duties of the bailor and bailee are also outlined. Pledge is a specific type of bailment where goods are delivered as security for payment of a debt or performance of a promise.

Uploaded by

Dulon Chakraborty
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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BAILMENT

Sec.148-171
Definition : Sec.148

 “Bailment is the delivery of goods by one person to


another for some purpose, upon a contract that they
shall, when the purpose is accomplished, be returned or
otherwise disposed of according to the directions of the
person delivering them”
Essential features of
Bailment:
 Delivery of goods
 Contract
 Return of goods in specie
Classification of Bailment

 Bailment on the basis of benefits:


 Bailment for the benefit of Bailor only
 Bailment for the benefit of Bailee only
 Bailment for the mutual benefit of both Bailor & Bailee
Bailment on the basis of
rewards:
 Non – Gratuitous bailment
 Gratuitous bailment
Rights of Bailor:

 Right of termination
 Right to demand restoration of goods
lent gratuitously
 Compensation from a wrong doer
 Right to get an increase or profit from
goods bailed
 Right to sue the bailee for the
enforcement of the duties imposed
upon a bailee
Duties of Bailor :

 Duty to disclose faults in goods bailed


(Sec.150)
 Liability for breach of warranty as to
title (Sec.164)
 To bear expenses in case of gratuitous
bailment (Sec.158)
 In case of non-gratuitous bailment
 Duty to indemnify the bailee for loss
 Duty to receive back the goods
Rights of Bailee:

 Bailee can sue bailor for:


 Claiming compensation for damage resulting from non
disclosure of faults in the goods
 For breach of warranty as to title & the damage
resulting there from &
 For extraordinary expenses
 LIEN-(Sec.170-171):
 “Lien is the right of one person to retain that which is in his
possession, belonging to another, until some debt or claim is paid”
 Bailees particular Lien :Sec.170
 Bailees general Lien :Sec.171
 Right against wrongful deprivation or injury to goods: Sec.180-181
Duties of the Bailee :

 To take care of the goods bailed-Sec.151


 Not to make unauthorized use of goods-
Sec.154
 Not to mix Bailors goods with his own-
Sec.155-157
 To return the goods bailed-Sec.160-161
 To return any accretion to the goods
bailed-Sec.163
Termination of Bailment :

 On the expiry of the stipulated period


 On the accomplishment of the specified purpose
 By bailees act inconsistent with conditions-Sec.153
 Termination of Gratuitous bailment-Sec.159
 Section 162
Finder of lost Goods :

 Finding is not keeping. A finder of lost goods is treated


as the bailee of the goods found as such and is charged
with the responsibilities of a bailee, besides the
responsibility of exercising reasonable efforts in finding
the real owner.
Rights :

 Right to retain the goods-Sec.168


 Right to sell-Sec.169
PLEDGE OR PRAWN
(SEC.172)
 The bailment of goods as security for payment of a debt
or performance of a promise is called pledge.1
PARTIES:

 Pawnor or Pledger:
 Pawnee or Pledgee
Distinction between
Pledge and Bailment:
 Pledge is bailment of goods for a specific purpose where
as Bailment is for a purpose of any kind
 Pawnee cannot use the goods pledged where as bailee
can use the goods as per terms of bailment

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