Bailment Under CONTRACT Laws

1. INTRODUCTION:(I) CARE OF GOODS:
Bailment means a legal relation that arisesBailee is bound to take as much as care as the
whenever one person delivers possession personalman take care of his own good.
property to another person under an agreement(II) ACT ACCORDING TO THE CONTRACT:
by which the later is under an obligation to returnBailee is bound to act according to the contract of
the property to the former.Bailment.
2. MEANING:(III) NOT DENY THE TITLE:
The term baillment is derived from a French wordBailee can not deny the title of the goods
'baillior' which means to deliver.delivered to him.
3. DEFINITION ACCORDING TO CONTRACT(IV) RETURN THE GOODS:
ACT SEC 148:It is the duty of Bailee to return or deliver the
"A bailment is the delivery of goods by onegoods to bailor or according to his directions.
person to another for some purpose upon a(V) RETURN AT PROPER TIME:
contract that they shall when the purpose isBailee should return the goods at proper time.
accomplished be returned or otherwise disposed(VI) RETURN OF PROFIT:
of according to the directions of the personBailee should return the goods at proper time.
delivering them.(VII) PROPER USE OF GOODS:
4. PARTIES OF THE CONTRACT OF BAILMENT:He is duty bound to return the increase or profit
There are two parties in the contract of bailment.to bailee.
(a) Bailor:7. RIGHTS OF BAILEE:
The person who deriveds the goods is calledFollowing are the rights of Bailee.
bailor.(I) RECOVERY OF LOSS:
(b) Bailee:A Bailee is entitled to recover damages If he
The person to whom the goods are derived issuffers anyloss.
called bailee.(II) RECOVERY OF COMPENSATION:
5. ESSENTIALS OF CONTRACT OF BAILMENT:A bailee is entitled to receive compensation from
Following are essential of contract of bailment.the bailor for any loss resulting from the defect
(I) CONTRACT:of bailor title.
It is a basic essential for bailment.(III) RECOVERY OF EXPENSES:
(II) MOVEABLE PROPERTY:Bailee is entitled to recover all expenses for any
Property must be moveable in contract ofpurpose of the bailment.
bailment.(IV) RIGHT TO RETAIN:
(III) DELIVERY OF GOODS:Bailee has right to retain the goods until debtor
The delivery of goods should be made for someclaim ispaid.
purpose under a contract.(V) RIGHT OF INDEMNITY:
(IV) CHANGE OF POSSESSION:He has right to receive the amount of indemnity
In bailment possession is changed from onefrom bailor for any loss which may sustain by
person to another person.reason that the bailor was not entitled to make
(V) SPECIFIC PURPUSE:the bailment.
The goods are delivered for some specific(VI) RIGHT AGAINST THIRD PERSON:
purpose to another person.If a third person wrongfully deprives the bailee of
(VI) OWNERSHIP IS NOT CAHNGED:the use or possession of the good bailed. He can
The ownership is not change. It remain to bailor.file suit against such person.
(VII) PARTIES OF CONTRACT:(VII) RIGHT OF REMUNERATION:
There are two parties to the contract of bailmentHe is entitled to lawful charges for providing
bailor and bailer.services.
(VIII)RETURNABLE:8. CONCLUSION:
The goods must be returned to the owner ofTo conclude I can say that. The person to whom
property or disposed according to the direction ofthe goods are delivered under the contract of
bailor.bailment is called bailee. He is bound to act
6. DUTIES OR RESPONSIBILITIES:accordingly the direction of Bailee. Bailor and Bailee.
Following are the duties or responsibilities of bailee.Have right and duties under the contract Act.