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July 23, 2017

Contract of Bailment | Duties of Bailor & Baile

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.


  1. Gr8 job……!!!!

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