BAILMENT

Sec.148-171

when the purpose is accomplished.Definition : Sec.148  ³Bailment is the delivery of goods by one person to another for some purpose. be returned or otherwise disposed of according to the directions of the person delivering them´ . upon a contract that they shall.

Essential features of Bailment:  Delivery  Contract  Return of goods of goods in specie .

Classification of Bailment  Bailment on the basis of benefits:  Bailment for the benefit of Bailor only  Bailment for the benefit of Bailee only  Bailment for the mutual benefit of both Bailor & Bailee .

Bailment on the basis of rewards:  Non ± Gratuitous bailment  Gratuitous bailment .

Rights of Bailor:      Right of termination Right to demand restoration of goods lent gratuitously Compensation from a wrong doer Right to get an increase or profit from goods bailed Right to sue the bailee for the enforcement of the duties imposed upon a bailee .

158) In case of non-gratuitous bailment Duty to indemnify the bailee for loss Duty to receive back the goods .164) To bear expenses in case of gratuitous bailment (Sec.150) Liability for breach of warranty as to title (Sec.Duties of Bailor :       Duty to disclose faults in goods bailed (Sec.

Rights of Bailee:  Bailee can sue bailor for:  Claiming compensation for damage resulting from non disclosure of faults in the goods  For breach of warranty as to title & the damage resulting there from &  For extraordinary expenses .

 LIEN-(Sec.171  Right against wrongful deprivation or injury to goods: Sec.170-171):  ³Lien is the right of one person to retain that which is in his possession.170  Bailees general Lien :Sec.180-181 . until some debt or claim is paid´  Bailees particular Lien :Sec. belonging to another.

155-157 To return the goods bailed-Sec.154 Not to mix Bailors goods with his ownSec.151 Not to make unauthorized use of goodsSec.160-161 To return any accretion to the goods bailedSec.Duties of the Bailee :      To take care of the goods bailed-Sec.163 .

Termination of Bailment :  On the expiry of the stipulated period  On the accomplishment of the specified purpose  By bailees act inconsistent with conditions-Sec.159  Section 162 .153  Termination of Gratuitous bailmentSec.

Finder of lost Goods :  Finding is not keeping. besides the responsibility of exercising reasonable efforts in finding the real owner. . 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.

169 .Rights :  Right to retain the goods-Sec.168  Right to sell-Sec.

1 .172)  The bailment of goods as security for payment of a debt or performance of a promise is called pledge.PLEDGE OR PRAWN (SEC.

PARTIES:  Pawnor or Pledger:  Pawnee or Pledgee .

Distinction between Pledge and Bailment:  Pledge is bailment of goods for a specific purpose where as Bailment is for a purpose of any kind  Pawnee cannot use the goods pledged where as bailee can use the goods as per terms of bailment .

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