Bailment presentation which is the part of the special contract.

related to Indian contract act, under special contracts

1. Bailment Acc. To sec. 148, 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 acc. To the direction. The person delivering the goods is called the bailor and the person to whom they are delivered is called the bailee . so a bailment is delivery of goods on condition that explained by the concerned person.

2. Like suman delivers a piece of cloth to a tailor to be stitched into a coat. Here, there is a contract of bailment, between the suman and tailor. Suman is bailor and tailor is bailee and the purpose of delivering the cloth is to get a coat stitched. The tailor will return the cloth to suman after stitching.

3. Features of Bailment It is a delivery of movable goods by one to another. The goods are delivered for some purpose. When goods are delivered by mistake without any purpose, there is no bailment. The goods are delivered subject to the condition that when the purpose is accomplished the goods are to be returned or disposed acc. To direction. Bailment involves transfer of possession of goods.

4. Duties of Bailor 1. Duty to disclose faults in goods bailed- sec. 150 lays down this duty. A gratuitous bailor is bound to disclose to the bailee all those faults in the goods bailed, of which he is aware and may effect them. Like A lends a horse, which he knows to be vicious to B. he does not disclose the fact that the horse is vicious. The horse run away. B is thrown and injured. A is responsible to B for damage sustained.

5. 2. Duty to repay necessary expenses in case of gratuitous (given and received without payment) bailment. Sec. 158, where by the condition of the bailment, the goods are to be kept or to be carried or to have work done upon them by the bailee for the bailor , it is the duty of the bailor to reply all the necessary expenses incurred by the bailee for the purpose. Like ravi leaves his horse with mahesh for some time because he is leaving the town for some days, mahesh is not to be paid for taking care of horse. But the horse need fed, ravi is liable for all expenses incurred by mahesh for feeding.

6. 3. Duty to repay any extraordinary expenses in case of non gratuitous bailment- Where under the terms of the bailment the bailee is to receive remuneration for his services, it is the duty of bailor to bear extra ordinary expenses, if any, incurred by the bailee in relation to the thing bailed. Like where a horse is bailed for safe custody and bailee is to receive Rs. 80 per day as custody charges, the bailor is not liable to repay the bailee ordinary expenses of feeding. But if bailee custody the horse falls ill without any negligence, the bailor must repay the bailee extra medical expenses.

7. 4. Duty to indemnify bailee - Sec. 164 A bailor is also bound to indemnify the bailee for any loss suffered by the bailee , by reason of the fact that the bailor was not entitled to bail the goods because of defective title. Like A gives his neighbor scooter to B for use without the permission. The neig . Sues B and receive compensation. 5. Duty to receive back the goods- After the time of the bailment has expired or purpose complete.

8. Rights of Bailor Enforcement of bailee’s duties- Right to claim damages for loss caused to the goods bailed by bailee negligence. Right to claim compensation for any damage arising from unauthorized use of goods. Right to claim any natural accretion to the goods. Right to demand the goods as soon as the time expired.

9. 2. Right to terminate bailment if the bailee use the goods wrongfully- A gives on hire to B a horse for his own riding. B drives the horse in his carriage. The contract of bailment is voidable at the option of A. 3. Right to demand return of goods at any time in case of gratuitous bailment- When the goods are lent without reward, the bailor can demand their return whenever he pleases even through he lent them for a specified purpose.

10. Duties of Bailee Duty to take reasonable care of goods delivered to him- Sec. 151, in all cases of bailment the bailee is bound to take as much care of goods bailed to him as a man of ordinary prudence would, under similar circumstances. 2. Duty not to make unauthorized use of goods entrusted to him- Sec. 153

11. 3. Duty not to mix goods bailed with his own goods- Sec. 155 like A bails 100 bales of cotton marked with a particular mark to B. B without A consent mixes the 100 bales with other bales of his own, bearing a different mark. A is entitled to have his 100 bales returned and B is bound to bear all the expenses incurred in separation of bales. Where the goods can not be separated or divided. 4. Duty to return the goods- Sec.160 5. Return any profit too- Acc. To sec 163 the bailee is liable to return any profit in goods under bailment like A gives a cow ib bailment to B and cow give birth to calf during that time, B is liable to return both.

12. Right of Bailee Enforcement of bailor’s duties- Right to deliver goods to one of several joint bailors sec.165 Right to receive necessary expenses. Right against premature termination of bailment. Right to lien- the right to retain possession of the property or goods belonging to another until some debt or claim is paid is called right of lien.

13. Difference between bailment and sale