D. INNKEEPERSThose who provide lodging to the public for compensation as a regular business are strictly liable for injuries to guests (not permanentresidents).1. Hotel Safes
In many states, innkeepers can avoid strict liability for loss of guests’ valuables by pr
oviding a safe. Statutes often limit the liability of innkeepers for articles that are not kept in the safe.2. Parking Facilities
If an innkeeper provides parking facilities, and the guest’s car is entrusted to the innkeeper, the innkeeper will be liable
under the rulesthat pertain to parking lot bailees (ordinary bailments).
Essentials of a bailment1. There should be a contract:
A bailment is based on a contract, i.e., it is created by a contract. The contract of bailment may be express or implied. In some casese.g., in case of finder of goods, a contract of bailment can be implied by law.
2. Delivery of goods by one person to another:
In bailment, there must be delivery of goods by one person to another. However, the word, 'delivery' is very wide. It may be actual orconstructive.It should be noted that in bailment, only possession of the goods passes from one person to another. Possession means control of goods to the exclusion of others. Mere custody of goods as against possession is not sufficient. For example, a master while giving hisgoods to his servant retains the possession with him and parts only with the custody of the goods.Thus to create bailment, there must be delivery of goods.
(1) A delivers his watch to a watch-maker for repair.(2) A lady handed over her old jewellery to a jeweler for melting and making it into a new one. Every evening, she used to collect thehalf-made jewellery and put in into a box kept in the shop of the jeweler. She used to keep the key of the box with her.One day the box was stolen. Held, the jeweler was not liable as the jeweler had re-delivered the jewellery to the lady and as such, the jeweler could not any more be regarded as a bailee. The lady must bear the loss herself. [Kaliaperumal Pillai v. Visolakshmi]It should be noted that in bailment, only the possession of the goods is transferred not the ownership. Again, only movable goods canbe bailed as immovable goods cannot be delivered.
3. The goods are delivered for certain purpose:
The purpose may vary from safe-keeping or safe custody to repairing or changing the form of the goods.
(1) A leaves his suit-case with a Railway Cloak Room for safe custody.(2) A gives his watch for repair to a watch-maker.(3) A gives a piece of cloth to a tailor for stitching it into a shirt.
4. The same goods must be returned:
For a transaction of bailment, it is necessary that the same goods must be returned.Where money is deposited in a savings bank account or any other account, it is not a transaction of bailment because the bank is notgoing to return the same currency notes but will return only an equivalent amount. However, where money or valuables are kept insafe custody, it will amount to a transaction of bailment as these will be returned in specie.It should be noted that return of goods in specie does not mean that their form cannot change. For example, old ornaments can bechanged into new one. A piece of cloth can be stitched into a shirt.
Consideration is not necessary in case of Contract of Bailment
In case of bailment for mutual benefit of the bailor and bailee, consideration is there for both the parties e.g., A gives his watch forrepair to B for Rs. 10. For A, consideration is repair of his watch and for B, consideration is Rs. 10. However, in case of bailment eitherfor the benefit of the bailor or bailee alone, consideration in the form of something in return is not there. In such cases the detrimentsuffered by the bailor in parting with the possession of goods is considered as a sufficient consideration to support the promise on thepart of the bailee to return the goods.Title : THE INDIAN CONTRACT ACT,1872CHAPTER IX148."Bailment" "bailor",and "bailee" defined. A " bailment " is the delivery of goods by one person to another for some purpose, upon acontract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of theperson delivering them. The person delivering the goods is called the "bailor". The person to whom they are delivered is called, the "bailee ".Explanation.-If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes thebailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment.149.Delivery to bailee how made. The delivery to the bailee may be made by doing anything which has the effect of putting the goods in