“Bailment”

Aravind Reg No:1005108 IMK-ICM, Poojappura

Law for Business

. Ownership cannot change. .Meaning.!  derived from the French word “Baillior” which means ‘to deliver’. Voluntary change of possession of goods from one person to another for some purpose..

Definition. be returned or otherwise disposed of according to the person delivering them ” .! Sec.. when the purpose is accomplished. upon a contract that they shall.148 of the Contract Act defines “ A bailment is the delivery of goods by one person to another for some purpose..

The person to whom they are delivered.  Bailmet .Important terms..  Bailee . .The delivery of goods.Ther person who delivered the goods.!  Bailor ..

. Return of goods. Ownership is not transfered.Characteristics of a Bailment • • • • • There must be a delivery of goods. Delivery should be for some purpose. Actual or constructive delivery.

eg. eg.. . A lends books to B.Gratuitous bailment-where the bailee gets remunaration..Types of Bailment • Gratuitous bailment. X gives his radio to Y for repair & pays a certain amount to the latter.where no remunaration is given to the bailee. B promises to return after some time • Non.

• Not to mix the goods bailed with his own goods. • Not to set up adverse title. .Duties of the bailee • To take reasonable care of the goods bailed. • Not to make any unauthorised use. • Retain addition or profit. • To return the goods.

Right to remunaration. Right to sue. Right to reimbursement. .Rights of the Bailee • • • • • Right to enforce the duties of the bailor. Right to compensation.

Duties of Bailor • Duty to disclose known defects. • Duty to bear extraordinary expenses of bailment. • Duty to receive back the goods. • Duty to bear the risk. • Duty to indemnify bailee. .

163). • To enforce the duties of bailee (claiming damages) • Right to file a suit against third person.153). . • Entitled to claim any increase in value or profit (sec.Rights of the Bailor • Entitled to get back the goods. • Right of termination (sec. • Right to recall goods at any time in a gratuitous bailment.