Legal Aspects of Business

Unit 4

Unit 4

Contracts of Bailment and Pledge

Structure: 4.1 Introduction Objectives 4.2 Bailment and its Kinds Definition of bailment (Sec.148) Kinds of bailments 4.3 Duties and Rights of Bailor and Bailee Duties of a bailor Duties of a bailee Rights of a bailee Rights of a bailor 4.4 Termination of Bailment 4.5 Finder of Lost Goods 4.6 Pledge or Pawn 4.7 Pledge by Non-owners 4.8 Rights and Duties of Pledgor and a Pledgee Duties of a pledgee Duties of a pledgor Rights of a pledgor 4.9 Summary 4.10 Terminal Questions 4.11 Answers

4.1 Introduction
In the previous unit, you came to know about the contract of law and guarantee of contract. In this unit you will study about the contract of bailment. At one time or another, you enter into a legal relationships, called bailment and pledge. Bailments are quite common in business also. Traders often store their surplus goods in warehouses; and utilize the services of cold storages for keeping their goods to be taken back as and when required; and factory owners often send machinery back to vendors for repairs. Also, goods are pledged for securing loans.
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for making jewellery. when the purpose is accomplished. The bailee is under an obligation to re-deliver the goods. be actual or constructive. 58 . (vi) Delivery of goods to a carrier for the purpose of carrying them from one place to another. as soon as the time of use for. Sikkim Manipal University Page No. for dry cleaning. Constructive delivery may be made by doing something which has the effect of putting the goods in the possession of the intended bailee or any person authorised to hold them on his behalf (Sec. where one person. (vii) Delivery of goods as security for the repayment of loan and interest thereon. The explanation to the above Section points out that delivery of possession is not necessary. already in possession of goods contracts to hold them as bailee. The essence of bailment is delivery of goods by one person to another for some temporary purpose.e. Actual delivery may be made by handing over goods to the bailee. or condition on which they were bailed..Legal Aspects of Business Unit 4 Objectives After studying this unit. The person delivering the goods is called the „bailor‟ and the person to whom the goods are delivered is called the „bailee‟. the following characteristics should be noted: 1.1 Definition of bailment (Sec. (iii) A lends his book to B for reading. you should be able to:  Describe the bailment and its types  Explain the duties and rights of bailor  Define pledge  Explain the pledge by non-owner 4. a jeweller. however. Let‟s illustrate.2 Bailment and its Kinds 4. a dry cleaner. Delivery of goods. has elapsed or been performed”.2. be returned or otherwise disposed of according to the directions of person delivering them”. (ii) A delivers a wrist watch to B for repairs.148) Bailment is defined as the “delivery of goods by one to another person for some purpose. Delivery of goods may. i. upon a contract that they shall. (i) A delivers some clothes to B. (iv) A delivers a suit-length to a tailor for stitching.149). pledge. From the definition of bailment. in their original or altered form. (v) A delivers some gold biscuits to B.

Deposit of goods with another by way of security for money borrowed. or something to be done about them.e. (i) Deposit. (v) Delivery of goods for being transported. Ownership of goods. All are the kind of bailments. where an equivalent and not the same is agreed to be returned. Return of specific goods (in specie) is an essential characteristic of bailment. In a bailment. it is only the possession of goods which is transferred and not the ownership thereof.e. therefore the person delivering the possession of goods need not be the owner. i. it is agreed that it will be returned. Goods lent to a friend gratis to be used by him. in return for payment of money. Placing of ornaments in a bank locker is not a contact of bailment. after repair. (True/False) 3... agrees to hold them on behalf of C. 3.2. 4. i. Delivery of good is essential for effecting bailment. Goods lent to the bailee for hire. Return of goods in specie. Delivery of goods by one person to another for the use of the former.Legal Aspects of Business Unit 4 Example: A holding goods on behalf of B. classified into six kinds as follows. (True/False) 2. where a watch is delivered to a watch repairer for repair. Bailment is based on a contract. In bailment. the delivery of goods is upon a contract that when the purpose is accomplished. but without reward. 4. For example. (vi) Delivery of goods as in (v) above. by the bailee for reward. there is a constructive transfer of possession from C to A. 2. (iv) Pawn or Pledge. his business is to transfer possession and not ownership. Self Assessment Questions 1. on the receipt of the agreed or reasonable charges. they shall be returned to the bailor. Thus.2 Kinds of bailments Bailments may be. 59 . EXCEPT: (a) Commodatum (b) Hire (c) Deposit (d) Loan Sikkim Manipal University Page No. bailor. there is no bailment. The goods are delivered for some purpose and it is agreed that the specific goods shall be returned. (ii) Commodatum. (iii) Hire.

The horse runs away. quality and value as the goods bailed. 4. 60 . The bailor is bound to disclose to the bailee faults in the goods bailed. A is responsible to B for damage sustained. In case of non-gratuitous bailments. Example: A car is lent for a journey. take of his own goods of the same bulk. the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would. B is thrown and injured. Liability for breach of warranty as to title. The ordinary expenses like petrol. Sec. he is responsible for the damage arising to the bailee directly from such faults. Example: A gives B‟s car to C without B‟s knowledge and permission. B sues C and receives compensation. which he knows to be vicious.2 Duties of a bailee 1. the money spent in its repair will be regarded as an extraordinary expenditure and borne by the bailor.3 Duties and Rights of Bailor and Bailee 4.150).158 provides that in the absence of a contract to the contrary. A. the bailor is held responsible to bear only extraordinary expenses.. To take care of the goods bailed (Sec. Example: A lends a horse. of which the bailor is aware and which materially interfere with the use of them or expose the bailee to extraordinary risks. The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment. 2. If he does not make such disclosure. the bailee. the bailor must repay to the bailee all necessary expenses incurred by him for the purpose of the bailment. shall be borne by the bailee but in case the car goes out of order. or to receive back the goods or to give directions respecting them (Sec. etc.3.1 Duties of a bailor 1. Sikkim Manipal University Page No. 4. To disclose know faults in the goods (Sec. under similar circumstances. to B.151).164). 3. Regarding bailments under which bailee is to receive no remuneration. To bear expenses in case of gratuitous bailments.3.Legal Aspects of Business Unit 4 4. He does not disclose the fact that the horse is vicious. In all cases of bailment. the bailor. is responsible to make good this loss to C.

3. the bailee shall be bound to bear the expense of separation or division and any damages arising from the mixture. In case the bailee makes unauthorised use of goods.. bailee has taken the amount of care as described above. he is liable to make compensation to the bailor for any damages arising to the goods from or during such use of them. To return the goods bailed without demand (Sec. 61 . mixes the 100 bales with other bales of his own bearing a different mark. the goods bailed.e. or the purpose. Sikkim Manipal University Page No. his wife. If bailee fails to return the goods at the proper time. If the bailee without the consent of the bailor.152). A is liable to make compensation to B for the damage done to the car. 4. A is entitled to have his 100 bales returned and B is bound to bear all expenses incurred in the separation of the bales and any other incidental damage. for which they were bailed has been accomplished. Example: A lends a car to B for his own driving only. the bailor is entitled to be compensated by the bailee for the loss of the goods. but the car is damaged in an accident. without demand. as soon as the time for which they were bailed has expired. mixes the goods of the bailor with his own goods and the goods can be separated or divided. 2.154). B allows C.161). i. destruction or deterioration of the thing bailed (Sec. C drives with care. But in case goods are mixed in such a manner that it is impossible to separate the goods bailed from the other goods and deliver them back. It is the duty of the bailee to return. to drive the car. in the absence of any special contract. he is responsible to the bailor for any loss. he shall not be responsible. Example: A bails 100 bales of cotton marked with a particular mark to B. Not to make unauhorised use of goods (Sec. destruction or deterioration of the goods from that time (Sec. or deliver according to the bailor‟s directions.Legal Aspects of Business Unit 4 In case. B. uses them in a way not warranted by the terms of bailment. Not to mix bailor’s goods with his own (Secs.155-157). without A‟s consent. for the loss.160).

once the debt is satisfied or obligation discharged. in fact. until some debt or claim is paid. and (c) for extraordinary expenses.3. bailor). on the other hand.170-171). in accordance with the purpose of the bailment. Lien may be of two types: (i) General Lien and (ii) Particular Lien.163). To return any accretion to the goods bailed (Sec. Thus. the bailee‟s rights. belonging to another.170. Since. Thus in the case of wrongful deprivation the bailee has a right to use the same remedies which the owner might have used in the like case. Bailee‟s right of lien is particular in certain cases whereas general in other cases. means the right to retain the particular goods in respect of which the claim is due. or according to his directions. the bailee is bound to deliver to the bailor.. General Lien means the right to retain goods not only for demands arising out of the goods retained but for a general balance of account in favour of certain persons. It reads: “Where the bailee has. rendered any service involving the Sikkim Manipal University Page No. lien is available only until the debt or claim is satisfied. if looked from the point of view of bailee. any increase or profit which may have accrued from the goods bailed. (b) for breach of warranty as to the title and the damage resulting there from. thus presupposes two things: (i) The person vested with the right of lien is in possession of the goods or securities in the ordinary course of business. Particular Lien is conferred upon a bailee by virtue of the provisions of Sec. 4.3 Rights of a bailee 1.Legal Aspects of Business Unit 4 5. Lien. Particular Lien. 2. Lien is a right in one person to retain that which is in his possession. Example: A leaves a cow in the custody of B to be taken care of. The duties of the bailor are. a bailee can sue bailor for (a) claiming compensation for damages resulting from non-disclosure of faults in the goods. then. to be returned to or kept at the disposal of the owner (i. The property so retained has. The cow gives birth to a calf. (ii) The owner (bailor in this case) has a lawful debt due or obligation to discharge to the person in possession of the said goods or securities (bailee in this case). 62 . In the absence of any contract to the contrary. B is bound to deliver the cow as well as the calf to A. the right of lien is extinguished. Another right of bailee is the right of lien (Secs.e.

. even though he lent it for a specified time or purpose.171 empower certain categories of bailees to exercise a general lien. These include: bankers. In case of gratuitous bailment (i. all duties or liabilities of the bailee. or causes them any injury. 3. Now. wharfingers. the bailor can demand their return whenever he pleases. factors. Right against wrongful deprivation of or injury to goods (Secs. whatever is obtained by way of relief or compensation in such a suit shall. A bailee has a general lien on the goods bailed. 2.e. 180-181).Legal Aspects of Business Unit 4 exercise of labour or skill in respect of the goods bailed. the bailor must indemnify the borrower for the loss if he compels an immediate return (Sec. a right to retain such goods until he receives due remuneration for the service he has rendered in respect of them”. on the faith of such bailment. The bailor can enforce.3. Bailee need not return to the bailor any accretion to the goods on completion of the contract of bailment. (True/False) Sikkim Manipal University Page No. 63 . 4. he has. as between the bailor and the bailee. the borrower has acted in such a manner that the return of the thing before the specified time would cause him (i. (True/False) 5.e. Self Assessment Questions 4. by suit. the bailee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made and either the bailor or the bailee may bring a suit against the third person for such deprivation or injury.4 Rights of a bailor 1.181). unless there is a contract to the contrary.159). But if.. the bailee) loss exceeding the benefit derived by him from the bailment. These bailees can retain all goods of the bailor so long as anything is due to them. be dealt with according to their respective interest (Sec. in the absence of a contract to the contrary. If a third person wrongfully deprives the bailee of the use or possession of the goods bailed. The provisions of Sec. bailment without reward). attorneys of High Court and policy brokers.

the bailor may terminate the bailment (Sec. if premature termination causes any loss to the bailee exceeding the benefit derived from the bailment. Activity 1: A customer entrusts certain important documents for safe custody to his bank.153).162).4 Termination of Bailment A contract of bailment terminates or comes to an end under the following circumstances: 1. 64 . On the expiry of 6 months X must return the cooler. inconsistent with the conditions of the bailment. the bailor must indemnify. On the accomplishment of the specified purpose. If the bailee does any act with regard to the goods bailed. a gratuitous bailment terminates by the death of either the bailor or the bailee (Sec. A shall have the option to terminate the bailment. However. Later it is found that the documents were destroyed due to moisture. (True/False) Sikkim Manipal University Page No. 4.159). a horse for his own riding. By bailee’s act inconsistent with conditions of bailment. B drives the horse in his carriage. 3. In case.Legal Aspects of Business Unit 4 4. bailment is for specific purpose it terminates as soon as the purpose is accomplished. Example: A room cooler is hired by X from Y for a period of 6 months. The bank keeps the documents in a wooden box. A gratuitous bailment can be terminated by the bailor even before the stated time. Suggest the bank‟s liability to the customer. Where bailment is for a specific period. Further. A gratuitous bailment may be terminated at any time (Sec. On the expiry of the stipulated period. Example: A lets to B for hire. it comes to an end on the expiry of the specified period. 2. Self Assessment Question 6.

to pay the lawful charges of the finder. When a thing which is commonly the subject of sale is lost. A person who delivers the goods as security is known as: (a) Pledgee (b) Pledgor (c) Bailor (d) None 4.5 Finder of Lost Goods Finding is not owning. A finder of lost goods may retain the goods until he receives the compensation for money spent in preserving the goods and/or amount spent in finding the true owner. It is only a qualified property that passes to the pledgee. the finder may sell it.Legal Aspects of Business Unit 4 4. amount to two-third of its value. defines a pledge as the bailment of goods as security for payment of a debt or performance of a promise. The ownership remains with the pledgor. 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.6 Pledge or Pawn Sec. But where. besides the responsibility of exercising reasonable efforts in finding the real owner. However. Right to retain the goods (Sec. a specific reward has been offered by the owner for the return of the goods lost. 65 . Self Assessment Questions 7. A finder. who delivers the goods as security. is called the „pledgor‟ and the person to whom the goods are so delivered is called the „pledgee‟. if the owner cannot with reasonable diligence be found or if he refuses. upon demand. 2. He acquires a special Sikkim Manipal University Page No. the finder may sue for such reward and may retain the goods until he receives it. A finder may sell goods when they are in danger of perishing or losing the greater part of their value. Right to sell (Sec.172. (i) when the thing is in danger of perishing or of losing the greater part of its value. cannot sue for such compensation.168). (ii) when the lawful charges of the finder in respect of the thing found. 1. The person. His rights are summed up hereunder.169). (True/False) 8. however. he enjoys certain rights also.

It offers the following advantages: 1. Example: A businessman pledged a railway receipt to a bank. (1971) Company Cases 591. the Court ordered the State Government of Bihar to reimburse the bank for such amount as the Bank in the ordinary course would have realised by the sale of sugar seized. constituted a valid pledge of the goods. duly endorsed. and that the pledge of the railway receipt to the bank. that the railway receipts in India are title to goods. It is constructive delivery where the key of a godown (in which the goods are kept) or documents of title to the goods are delivered. in case the borrower makes a default in payment.Legal Aspects of Business Unit 4 property. The Official Assignee contended that the pledge of the railway receipt was not valid. Stocks cannot be manipulated as they are under the lender‟s possession and control. To a creditor. they can be disposed of after a reasonable notice. 66 . no other creditor or „authority‟ can take away the goods or its price. pledge is perhaps the most satisfactory mode of creating a charge on goods. and is a valid pledge. Advantages of pledge. and lien which is not of ordinary nature and so long as his loan is not repaid. where sugar pledged with the Bank was seized by the Government of Bihar. State of Bihar and Ors. in Bank of Bihar v. A pledge is created only when the goods are delivered by the borrower to the lender or to someone on his behalf with the intention of their being treated as security against the advance. Sikkim Manipal University Page No. The goods are in the possession of the creditor and therefore. Later he was declared bankrupt. where the goods continue to remain in the borrower‟s possession but are agreed to be held as a „bailee‟ on behalf of the pledgee and subject to the pledgee‟s order. The owner of the goods can create a valid pledge by transferring to the creditor the documents of title relating to the goods. duly endorsed. it amounts to constructive delivery. 2. however. In the case of insolvency of the borrower. Delivery essential. if any. Thus. Held. 3. lender can sell the goods and prove for the balance of the debt. be actual or constructive. Similarly. Delivery of goods may.

However.2(9) of the Sale of Goods Act. Pledge by a mercantile agent. 1930. however. when acting in the ordinary course of business of a mercantile agent. The ownership of the goods bailed passes to the bailee. with the consent of the owner. 67 .167 (c) Sec. be valid only if the pawnee acts in good faith and has not at the time of the pledge notice that the pawnor has no authority to pledge (Sec. (True/False) 10. Right to sell comes under which section. shall be as valid as if he were expressly authorised by the owner of the goods to make the same. There is hardly any possibility of the same goods being charged with some other party if actual possession of the goods is taken by the lender. A „mercantile agent‟ as per Sec. (a) Sec.178). Self Assessment Questions 9.7 Pledge by Non-owners The general rule is that it is the owner of the goods who can ordinarily create a valid pledge. Activity 2: The finder of lost goods has no right to file a suit for recovery of expenses incurred by him for finding out the true owner. even a pledge by non-owners shall be valid: 1. authority either to sell goods or to consign goods for the purpose of sale or to buy goods or to raise money on the security of goods.170 4. Such a pledge shall. in possession of goods or the documents of title to goods. in the following cases. means a mercantile agent having. Where a mercantile agent is. For a pledge by a mercantile agent to be valid the following conditions must be satisfied: Sikkim Manipal University Page No. in the customary course of business as such agent.169 (d) Sec.Legal Aspects of Business Unit 4 4. Provide your view on this.168 (b) Sec. any pledge made by him.

Pledge by co-owner in possession. Where a person pledges goods in which he has only a limited interest. if he does the business outside his business premises or out of business hours. 3. The onus of proving both these facts rests upon the person disputing the validity of the pledge. Pledge by a person having limited interest (Sec.30 of the Sale of Goods Act. Once again. Under Sec. Where a person obtains possession of goods under a voidable contract the pledge created by him is valid provided: a) the contract has not been rescinded before the contract of pledge and b) the pawnee act is good faith and without notice of the pawnor‟s defect of title. One of several joint owners of goods in sole possession thereof with the consent of the rest may make a valid pledge of the goods. a seller left in possession of goods after sale. The pledgee must have acted in good faith and must not have at the time of the pledge notice that the pawnor had no authority to pledge the goods. The mercantile agent must have acted in the ordinary course of his business.178-A). A mercantile agent comes under _______________.Legal Aspects of Business Unit 4 a) Good faith. before sale. who obtains possession of goods with the consent of the seller. 68 . and a buyer. b) Acting in the ordinary course of business. Sikkim Manipal University Page No.179). such a transaction would fall outside this section. 4. Pledge by a person in possession under a voidable contract (Sec. can create a valid pledge. 2. a pledgee may further pledge goods to the extent of the amount advanced thereon. Therefore. Pledge by seller or buyer in possession after sale. for the pledge to be valid the pledgee should have acted in good faith and without notice of previous sale of goods to the buyer or of the lien of the seller over the goods. A pledge by a mercantile agent to be valid if he must be in good faith and ________________. Thus. Self Assessment Questions 11. 12. 5. the pledge is valid to the extent of the interest.

However. The pledgee will be liable to the pledgor for the damages. In addition to the rights mentioned in Sec. a pledgee has the following rights: 1. the pledgee must be informed. Before sale can be executed. A pledgee‟s rights are not limited to his interests in the pledged goods. Union of India. In case the goods pledged when sold do not fully meet the amount of the debt.000. i. In Morvi Mercantile Bank Ltd v. that has to be accounted for to the pledgor. the Supreme Court held that the bank (pledgee) was entitled to recover not only Rs 20. Sikkim Manipal University Page No.176 in case the pledgor fails to pay his debt or complete the performance of obligation at the stipulated time.e. he would have all such remedies that the owner of the goods would have against them. cannot be set aside. It is the duty of the pledgor to disclose any defects or faults in the goods pledged which are within his knowledge. 2. In case of injury to the goods or their deprivation by a third party.Legal Aspects of Business Unit 4 4. 69 . If.. i. the pledgee can proceed for the balance. the amount over and above his interest is to be held by him in trust for the pledgor.e. there is any surplus. explosives or fragile.176. Similarly. the sale made by the pledgee without giving a reasonable notice to the pledgor is not void. In case the pledgor fails to inform such faults or abnormal character of the goods pledged. The pledgee has a right to claim any damages suffered because of the defective title of the pledgor.000 – the amount due to it. (b) he can supervise the sale to see that it fetches the right price. but the full value of the consignment. However. or (ii) sell the goods pledged on giving the pledgor a reasonable notice of sale. if the goods are of an abnormal character says. a reasonable notice must be given to the pledgor so that: (a) the pledgor may meet his obligation as a last chance. 3. Rs 35. the pledgee can exercise any of the following right: (i) bring a suit against the pledgor upon the default in redemption of the debt or performance of promise and retain possession of goods pledged as a collateral security..8 Rights and Duties of Pledgor and a Pledgee According to Sec. any damage as a result of nondisclosure shall have to be compensated by the pledgor. on the other hand.

8. 3. 2. The pledgee must not put the goods to an unauthorised use. 4. A pledgee has a right to recover any extraordinary expenditure incurred for the preservation of the goods pledged (Sec. not only for payment of the debt or the performance of the promise.1 Duties of a pledgee 1. Sec. The pledgee is bound to return the goods on payment of the debt. Pawnee‟s right of retainer [Sec. He is liable for any loss caused to the pledgee because of defects in his (pledgor‟s) title to the goods. but such contract. Where the pledgee has exercised his right of sale of goods. but for the interest of the debt and all necessary expenses incurred by him in respect of the possession or for the preservation of the goods pledged. The pawnee may retain the goods pledged. 4.174 provides that the pawnee shall not. of a similar nature. 4. 2. Sikkim Manipal University Page No. The pledgee is required to take as much care of the goods pledged to him as a person of ordinary prudence would.2 Duties of a pledgor 1.8.Legal Aspects of Business Unit 4 4. Any accruals to the goods pledged belong to the pledgor and should be delivered accordingly.175). He must disclose to the pledgee any material faults or extraordinary risks in the goods to which the pledgee may be exposed. Thus. 3. if the security consists of equity shares and the company issues bonus shares to the equity shareholders. shall be presumed in regard to subsequent advances made by the pawnee.3 Rights of a pledgor 1. in the absence of a contract to that effect. 5. 4. take of his own goods. the bonus shares are the property of the pledgor and not the pledgee. 4.8. in the absence of anything to the contrary. He is responsible to meet any extraordinary expenditure incurred by the pledgee for the preservation of the goods. The pledgor has a right to claim back the security pledged on repayment of the debt with interest and other charges.173]. any shortfall has to be made good by the pledgor. However. 70 . under similar circumstances. retain the goods pledged for any debt or promise other than the debt or promise for which they are pledged.

the pledgor is entitled to receive from the pledgee any surplus that may remain with him after the debt is completely paid off. The pledgor has a right to claim any accruals to the goods pledged. Suggest whether Y would succeed? Self Assessment Questions 13. Bailment is usually based on a contract. 4. 71 . The pledgee is bound to return the goods on payment of the debt. If the goods are bailed or hire or reward. in their original altered form. The brakes of the car are not in working order. the bailor is responsible for the damage arising to the bailee directly from such faults. as soon as the time of use for. a place in Mumbai. instead of going to attend the annual general meeting at Juhu. being held at Juhu. the pledgor has a right to claim the same. but he did not tell Y about the defect. Y wants to hold X liable for the injury. (True/False) 4. 5. Glossary Bailment: 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 Sikkim Manipal University Page No. Y. has elapsed or been performed. The pledgee has a right to claim any damages suffered because of the defective title of the pledgor. Y holds a valid driving licence. This fact is already known to X. The car meet with an accident and Y gets injured. drives the car to the Gateway of India on a pleasure trip. (True/False) 14. In case of sale. If any loss is caused to the goods because of mishandling or negligence on the part of the pledgee.9 Summary The bailee is under an obligation to re-deliver the goods. 3. and in case he does not receive the notice he has a right to claim any damages that may result. He has a right to receive a reasonable notice in case the pledgee intends to sell the goods.Legal Aspects of Business Unit 4 2. Activity 3: X lends his car to Y for going to attend the annual general meeting of ABC Limited. or condition on which they were bailed.

5.10 Terminal Questions 1. Distinguish between „gratuitous bailment‟ and „bailment for hire‟. What are the respective rights and duties of a pawnor and a pawnee? 5. Describe the characteristics of pledge. 10. True True (d) False False True True (b) False (a) Acting in the ordinary course of business Sec. what rights does the pledge have in the pledge? 4. 8. 7. 72 Sikkim Manipal University . 11. 14. 1930 True True Page No. “Bailor is liable to the bailee for loss caused by faults in the goods bailed whether the bailor was aware of the same or not”. 9. Pledge: The bailment of goods as security for payment of a debt or performance of a promise is called pledge. 2. 3. 4.Legal Aspects of Business Unit 4 accomplished. 2. Bailor: The person delivering the goods is called the bailor. 4. Bailee: The person to whom the goods are delivered is called the bailee. 6. 4. be returned or otherwise disposed of according to the direction of the person delivering them. 12.2(9) of Sales of Goods Act. 13. 6.11 Answers Answers to Self Assessment Questions 1. 3. When a pledger fails to redeem his pledge. What do you mean by bailment? What are the requisites of a contract of bailment? Explain. Comment.

respectively. given its equity holding. Refer 4. Shah and Mr.3 – The bailor is bound to disclose to the bailee faults in the goods bailed. and the LIC representative told that he was communicating the decision taken by the corporation. 3.A. LIC totally holds 14. Refer 4. but for a dissenting LIC representative who opposed two enabling proposals to increase the salary of the managing director and the commission of two Indian non-executive directors. proposing that it be increased from its 2007-level of Rs 1.6 – To a creditor. R. Refer 4.6 – The person.38 per cent in Pfizer. when the purpose is accomplished. seeking to raise their Sikkim Manipal University Page No. Refer 4. 4. who delivers the goods as security. Refer 4. of which the bailor is aware and which materially interfere with the use of them or expose the bailee to extraordinary risks. Mini-case It would have been business as usual at multinational drug-maker Pfizer's annual shareholder meeting. Refer 4.50 crore a year. pledge is perhaps the most satisfactory mode of creating a charge on goods. The other enabling resolution was with reference to resident non-executive directors Mr. He was. upon a contract that they shall. be returned or otherwise disposed of according to the directions of person delivering them”. 73 .8 – According to Sec. Market observers indicated that LIC could push for a poll on the proposal. 2.Legal Aspects of Business Unit 4 Answers to Terminal Questions 1.2 – Bailment is defined as the “delivery of goods by one to another person for some purpose. is called the „pledgor‟ and the person to whom the goods are so delivered is called the „pledgee‟. Kewal Handa's salary. 6. One of the enabling resolutions was regarding Pfizer's Managing Director in India. unable to give reasons behind the decision.80 crore to a maximum of Rs 2.3 – Candidate give answer by their experience through the study of this unit. Pradip Shah. 5. Mr. It offers the following advantages.176 in case the pledgor fails to pay his debt or complete the performance of obligation at the stipulated time. however.

"at this time". that there was no intention to delist. The company was planning to increase its field force by 300 people.Legal Aspects of Business Unit 4 commission. when the multinational sent letters to shareholders inviting them into their fold. said a shareholder who has been holding a Pfizer share since the beginning. as compared with the previous year's Rs 27. Shah. from the present 41 per cent. Mr. Unlike info-tech companies. along with some other shareholders. effective for a five-year period starting December 2003. Shareholders should be part of the good and bad times of the company. clarified that there were no motives behind the company's actions and dividends were generous when the circumstances warranted it. the applicable milestone for Pfizer for reverse book building was 75 per cent. he said. including 100 for just retail sales. The company explained that the commission for non-executive directors was upped to Rs 20 lakh a year in 2004. Detailing Pfizer's plans to expand its domestic reach. Mr.A. R. (Hint: Summarize the LIC responsibilities in Pfizer. However. 74 . Creeping acquisition and buy-back was allowed only till 75 per cent. Also. Handa said that they would increase the product portfolio and value offerings from the company.50 per share. He. he clarified. up to Rs 50 lakh a year. Pfizer was also evaluating the possibility of merging Duchem (that has pharma and animal health businesses) with itself. he said. Pfizer's Chairman.) Sikkim Manipal University Page No. were expressing their unhappiness over the dividend. at the rate of one per cent of the company's profit. he said. The dividend for the year ended 2008 was Rs 12. Question Discuss LIC's role in Pfizer.50 per share. On Pfizer Inc's recently announced plan to raise stake in its Indian subsidiary to 75 per cent.

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