CONTRACTS

TOPIC: RIGHTS OF BAILOR

SUBMITTED TO SUBMITTED BY:

NUPUR KHANNA BHAVITHA.BIRDALA

ASSISTANT PROFESSOR CAIL B.ALL.B(B)5 TH SEMESTER
INTRODUCTION:

 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, be returned or otherwise disposed of according
to the directions of the person delivering them (section 148 of
Indian contract act,1872)
 In the bailment the person delivering the goods is called the
“Bailor”
 And the person to whom they are delivered is called as “Bailee”
RIGHTS OF BAILOR:

 1. Enforcement of Bailee’s duties:

duties of Bailee are the rights of Bailor. Since right of Bailor is same as the right of
bailee, therefore on the fulfilment of all duties of bailee the bailor’s right is
accomplished
2. Right to claim damages:
It is an inherent right of bailor to claim damages for any loss that might have been
caused to the goods bailed, due to the bailee’s negligence(section 151). If the bailee
fails to take care of the goods, the bailor has the right to claim damages for such loss.
3. Right to avoid the contract:
If the bailee does any act, in respect of the goods bailed, which is inconsistent with
the terms of bailment, the bailor has a right to avoid the contract.
 4. right to claim compensation:
If any damage is caused to the goods bailed because of the unauthorized use of the
goods. The bailor has the right to claim compensation from the bailee. If the bailee
uses the goods for an unauthorized purpose or mixes the goods which cause loss of
goods in such case bailor has the right to claim compensation.
5. Right to get back the goods:
The bailor has a right to get back the goods bailed by him as soon as the purpose of
bailment is accomplished. If the bailee fails to do so, is entitled to get reasonable
compensation from the bailee
6. Right to share profit:
The bailor has a right to share with bailee any profit earned from the goods bailed if it
is so provided by the contract
 7. Expenses of separation:
If the bailee has mixed the goods of bailor with someone other goods not belonging
to bailor without the consent of the bailor, the bailor has a right to get from bailee the
expenses which he has to bear for the separation of his goods from others.

Conclusion:
We discussed about the rights of bailor basically the bailment is a formal agreement
between a bailor & bailee in which the bailor gives the bailee possession of his
products for a clear objective. When the objective is accomplished, the bailor ends up
taking his products back from the bailee.