Professional Documents
Culture Documents
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
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
Rights of Bailor:
Right of termination: 1. On expiry of the stipulated period 2. On accomplishment of purpose 3. Action of Bailee inconsistent with the conditions 4. Death of either party
Right to demand restoration of goods lent gratuitously 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): Bailor is responsible To bear expenses in case of gratuitous bailment (Sec.158) In case of non-gratuitous bailment: Extra Ordinary Exp. 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: Specific Bailees general Lien :Sec.171 eg. Bank Right against wrongful deprivation or injury to goods: Sec.180-181: Against third party as owner
To take care of the goods bailed-Sec.151 Not to make unauthorized use of goodsSec.154 Not to mix Bailors goods with his ownSec.155-157 To return the goods bailed-Sec.160-161 To return any accretion to the goods bailedSec.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 bailmentSec.159 Section 162
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 1. Until the true owner is found. 2. If any reward is announced then until it is paid. Right to sell-Sec.169 1. Where true owner is not found 2. Where owner refused to pay the rewards
3.
The bailment of goods as security for payment of a debt or performance of a promise is called pledge.
PARTIES:
Pawnor or Pledger: Pawnee or Pledgee
Pawnees Rights
Retaining goods Retaining for subsequent advances Rights for extraordinary expenses Right in case of pawnor default