Understanding Bailment: Definition, Characteristics, and Rights Explained
Explore the concept of bailment as defined by the Indian Contract Act, covering the roles of bailor and bailee, characteristics, kinds of bailment, duties and liabilities of both parties, and the rights of the bailor in a concise manner. Learn about the transfer of possession of goods, temporary purpose delivery, responsibilities, and legal rights involved in bailment agreements.
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Presentation Transcript
Shikha Joshi Asst. Professor Durga Mahavidhyalay, Raipur
Definition of Bailment As per Sec.148 of Indian Contract Act, A 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 direction of the person delivering them. So, the person who delivers goods is called Bailor and the person to whom delivery is made called Bailee .E e.g. A has given his book to B for preparation of examination. Here A is bailor and B is bailee .
Characteristics Bailment:- Transfer of possession of goods Goods is delivered of temporary purpose Goods be returned or otherwise disposed of according to the direction Ownership is not transferred to bailee Change in the shape of goods may be possible Bailment of movable property only Bailment of existing goods only of Contract of
Kinds of Bailment Bailment for safe deposit Gratuitous bailment (Goods is delivered free for uses ) Non Gratuitous Bailment Bailment for Repairs Bailment for Carrier Bailment on Hire
Duties and Liabilities of Bailor : Todisclose faults in goods bailed Todeliver goods to bailee Payment of necessary expenses to bailee Responsibility to indemnify bailee Restoration of Goods lent gratuitously
Duties and Liabilities of Bailee : Totake careof goods bailed Not to act inconsistant with condition of Bailment Not to make unauthorised use of goods bailed Not to mix bailor s goods with his own goods Toreturn goods bailed Toreturn goods with increase or profit Not to setup adverse title
Rights of Bailor : Right to get compensation for the loss of goods due to carelessness Right to terminate Bailment Right to claim damages for unauthorised use of goods Right against mixture of goods bailed Toterminate gratuitous Bailment Right of return of goods Right to get increase or Profit from goods bailed
Rights of Bailee : Right of Compensation Right to get necessary expenses Right to get termination of Bailment Right to get compensation for defective title of Bailor Right to return one of joint owners Not responsible to Bailor without title Rightof Lien Not to deliver goods to other person Right to file suit against third party compensation for premature
Termination of Bailment : If, Bailee act against the conditions of bailment. If, objective of bailment is accomplished. If, the time limit of bailment is expired. If, Bailor or Bailee dies (only in case of gratuitous bailment)
