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Duties of the Bailee

 Bailee’s duty to take reasonable care of the goods bailed(sec 151-152)


 Bailee’s duty not to make any unauthorised use of goods bailed(sec 153-
154)
 Bailee’s duty not to mix his own goods with bailor’s good (sec 155-157)
 Bailee’s duty to return the goods on completion of the purpose (sec 159-
161, 165-167)
 Bailee’s duty to deliver profit of the goods bailed to the Bailor (sec 161)
 Duty not to deny the title of the bailor
 Bailment by several joint owners ( section 165)
Rights of Bailee

 Right to recover charges [S.161]

 Right to return the goods in cases of joint bailors [S.165]

 Right of Compensation [S.164]

 Right to apply to the court [S.167]

 Right against wrong doer [S.180-181]


Right of Lien

 Section 170 of the Indian Contract Act, 1872 deals with a particular
lien
 Section 171 deals with General Lien.
 Particular lien
 Bailee’s particular lien, which is specified under section 170, states
that where the Bailee has in accordance with the purpose of
Bailment, rendered any service which involves activity such as the
exercise of Labor skill in respect of the goods which are bailed, he
has in absence of the contract to the contrary, a right in order to
retain such type of goods until he receives due remuneration for the
services he has rendered in respect of them.
 A General lien is defined under Section 171 of the Indian Contract Act, 1872.

 Section 171 talks about the General Lien of


 bankers,
 factors,
 wharfinger,
 Attorneys/ Advocate/Solicitor 
 R.D. Saxena vs Balram Prasad Sharma . AIR 2000 SC 2912
 and policy brokers,
 in absence of a contract to the contrary, retain, as a security for the general
balance of the account, and any goods which are to be bailed to them unless
there is an express contract to that effect.
Position of Finder of goods

 According to section 71 of Indian Contract Act, a person who


find goods belonging to another and takes them into his
custody, is subject to the same responsibility as a bailee.

 Since the position of the finder of the goods is that of a bailee


he is supposed to take the same amount of care with regard
to the goods as is expected of a bailee under section 151.
RIGHTS OF FINDER OF GOODS

 Section 168 and 169 confer certain rights on the finder of goods.

 Right of Lien
 Section 168 
 When finder of thing commonly on sale may sell it
 Section 169 
Duties of finder of goods

 Duty take reasonable care- Section 151 and 152


 Duty not to make unauthorized use - Section 154
 Duty not to mix- Section 155
 Duty to return the goods - Section 160 
 Duty to return the increase- Section 163
 Nature of lien that the finder has over the goods
 The finder of the goods has the power to retain the goods if the
lawful charges for the maintenance are not given to the acquirer by
the owner.

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