Bailment, as defined under Section of the Indian Contract Act, is the delivery of goods by one person to another for some purpose. Bailment is the delivery of goods by a person (the Bailor) to another (the Bailee) for a certain purpose. have been pledged by him under section 19 of the Indian Contracts Act,and the contract [1]Indian Contracts Act, In Contact, a bailment is the delivery of goods from one person to another for Section of the Indian Contract Act, deals with the topic of bailment.

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Bailment Contracts of Bailment are a special class of contract. Section specifically talks of bailment via a contract. If he does not make such disclosure, he is responsible for any damage caused to the Bailee directly from such faults.

Bailment, bailor and bailee | Indian Contract Act, | Bare Acts | Law Library | AdvocateKhoj

The bailor gives the bailee the means indiah access to taking custody of it, without its actual delivery. A Pawnee is the bailee in this case. The Bailor has the right to bring a Suit against the wrong doing third party for any such action or injury which they have done.

Here B is the bailor and receives the hire charges and A is the bailee and enjoys the use of the car. File Your Copyright – Right Now!

Contract- II: Bailment

Natha [ 13 Bom ] In Secy of State vs. During the journey a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage was upset and the plaintiff injured. His duty is naturally much less than that of a Bailor for hire or consideration. Conntract, the delivery of possession can be actual or constructive. Obviously in this case the delivery of goods takes place for the mutual benefit of both the parties.


Contrary to gratuitous bailment, a non-gratuitous bailment or bailment for reward is one that involve some consideration passing between the bailor and the bailee. All the compensation or the relief which will be a result of any such suit as aforementioned indiqn be dealt with according to their own personal and respective interests between the Bailor and the Bailee.

Exception to the delivery upon contract: Once the possession is handed over to the bailee, a contract of bailment arises regardless of the manner in which it was entered into. A bailment is usually created by an agreement between the bailor and bailee. This same point was also made in the case of Ichcha Dhanji vs.

Bailment for the exclusive benefit of the bailee. Inter — Corporate Loans And Investments. When he hands over the keys to the box to B, it is baiilment as constructive delivery for purpose of bailment. The essential of a bailment is the delivery of goods for a temporary purpose. To create a bailment, the bailee must intend to possess and in some way physically possess or control the bailed goods or property.

Zct SC Once fixed, the television set has to be returned to its owner. How you can make this new year special.

Bailment – Section 148 – 181 of Indian Contracts Act

Natha [ 13 Bom ]. If an animal gives birth during the period of bailment, the bailee must return the animal with the offspring at the conclusion of ocntract bailment. Not to use the good unauthorizedly, not mixing the bailed good with something else, to return the good to the Bailor, etc. He has added that the question of reasonable care and quantum of damages would arise only after it has been shown that actual exclusive possession of the property was given by the bailee to the bailor, i.


This means there should a contract between the two parties for such transaction of delivery and subsequent return. A balment who receives a cloth for stitching is the bailee in this case. There is a contract of bailment between the man and the repair-man. If the Pawnee makes a baillment while paying the bailemnt or while performing the promise at the given time then the Pawnor has the right to redeem the Pledged goods from the Pawnee before the actual sale but if the case arises he must pay in addition the expenses which have arisen from his default.

Online Copyright Registration in India Call us at: Capper [ 5 Bing NC ] that a servant in custody of certain goods by the nature of his job is not a bailee. Section specifically deals with constructive delivery of goods. For Further Details Contact: For example, depositing money into bank by a customer does not give rise to a contract of bailment because the bank is not bound to return bailmsnt same notes and coins to the customer.

The plaintiff hired from the defendant for a specific journey of baklment carriage, a pair of horses and a driver. This site uses cookies. The television set is left at the indisn where the repair man examines it and fixes the problem. Such a bailment may be for the exclusive benefit of either party, i. The tailor is supposed to return the finished garment to the customer, the bailor, once the garment has been stitched.

Goods consigned without disclosing that they were combustible. Post was not sent – check your email addresses!