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BAILMENT

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”.

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BAILMENT

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  1. BAILMENT Sec.148-171

  2. 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”

  3. Essential features of Bailment: • Delivery of goods • Contract • Return of goods in specie

  4. 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

  5. Bailment on the basis of rewards: • Non – Gratuitous bailment • Gratuitous bailment

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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.

  13. Rights : • Right to retain the goods-Sec.168 • Right to sell-Sec.169

  14. 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

  15. PARTIES: • Pawnor or Pledger: • Pawnee or Pledgee

  16. 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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