Contract of 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 accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. – Section 148
Parties to the contract of Bailment
- Bailer: person delivering the goods is called bailor
- Bailee: person to whom the goods are delivered is called bailee
Essential features of contract of Bailment
- Contract
- Specific purpose: A gives his watch to B for repair, repair is specific purpose here
- Delivery of goods
- Return of same goods
Duties of Bailor
- Duty to disclose faults
- Duty to repay necessary expenses
- Duty to repay extra-ordinary expenses
- Duty to indemnify for demanding back
- Duty to indemnify for defective title
- Duty to receive back the goods
Duties of Bailee
- Duty to take responsible care
- Duty not to make unauthorized use
- Duty not to mix the goods
- Duty to return the goods
- Duty to return increase
Termination of Bailment
- Expiry of time
- Accomplishment of purpose
- Unauthorized use
- On death of either party
- Termination by bailor
- Destruction of subject matter
Finder of Lost Goods
A person who finds goods belonging to another and takes them into custody is subject to the same responsibility as a bailee.
alizah says
Gr8 job……!!!!