File Name: rights and duties of bailor and bailee ppt to .zip
Some of the duties which are discharged by the Bailor are:. The Bailor is bound by the law to disclose the defects of the goods bailed, to the bailee.
If, in case, any future damage arises, because of the non — disclosure, it becomes the liability of the Bailor to bear the expenses. His awareness or non — awareness of the fault in the good is no excuse. Illustration 1 : A lent his car to B. A knew that the brakes of the car are a bit loose. A did not disclose this fact to B. B rode the car and met with an accident. A is liable for the damages of B. Illustration 2 : A gives his carriage to B for hire.
A is unaware of the fact that the carriage is unsafe. B rides the carriage. B meets with an accident. A is liable for the injury. The usual and the ordinary expenses of the good are to be borne by the Bailee. Illustration : A lends his car to B. B pays for petrol and type punctures et al. If the bailee suffers, then it is the duty of the Bailor to indemnify or compensate the Bailee.
Illustration : A found an antique piece of jewellery and bailed it to B for safe-keeping. C, the real owner, found out that B has the jewellery and filed a suit against B for recovery and compensation. Here, it is the duty of A, the Bailor to indemnify B, the Bailee. The Bailor has the duty to take back his goods after the expiry of the time or the fulfilment of the purpose for which the good was bailed. Illustration : A gave his car to B for servicing.
B told A to collect the car after a week. A did not come for a month. The Bailee, same as the Bailor, has some duties as well. Some of the duties are:. The Bailee is supposed to take care of the goods as they were to be his own.
He must take reasonable care of the goods as an ordinary and prudent man of sound mind. Illustration : A delivers his car to B for servicing after bumping it in a tree.
B cannot bump the car in a tree because A did the same. He ought to take care of the car. If there be any unauthorized usage of the bailed good and there be any damage arising out of the unauthorized usage then the Bailee is liable to compensate the Bailor for the same. Illustration : A lends his car to B for driving. B gives it to his son C for joy riding. C crashes the car. B is liable to compensate A for the damage as A had bailed the car to B, and not C.
He should not mix the two without any prior permission of the Bailor. Illustration : A gives B a sack of Basmati rice. B mixes it with general rice. B is liable to compensate A for his loss as the cost of Basmati rice is more than the cost of normal rice. The Bailee must return or deliver the good upon the fulfilment of the purpose. If the Bailee retains the goods even after the lapse of the slated time period then the Bailee is liable for any damages done.
Illustration : A gives his documents to B for safe-keeping for a month. A does not take it back even after 3 months and neither does B return it to A. The documents are burnt in a fire. B is responsible for the loss as it was his duty too. If the Bailee has received the good from the Bailor then he must return the good to the Bailor only.
It does not matter if there a third person who claims the good to be his. The Bailee has no right to not re-deliver the good to the Bailor on grounds that the Bailor is not the real owner.
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Contract of Bailment and Pledge Modified date: December 23, Modified date: April 2,
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. There is a contract of Bailment between A and B. When a person finds goods belonging to another, a relationship of bailee and bailor is automatically created between the finder and owner Case: Basavva patil Vs state of mysore Es ornaments having been stolen and recovered by the police disappeared from police custody. Held, the state was liable, the contract of bailment having been implied. Contract 2. Delivery of possession.
What is bailment? What are the rights and duties of bailer and bailee? Under Section of the Contract Act, Bailment is a contract of the delivery of goods by one person to another person for some purpose that the goods shall be returned after completion of purpose or to disposed for according to the direction of the owner. Person who delivers the goods is called bailer. Person to whom the goods are delivered is called bailee and the contract is called Bailment.
The bailor owes the following duties to bailee in respect of the goods bailed out by him. Duties and Rights of Bailor. In case of gratuitous bailment , the bailor is expected to disclose to the bailee all the defects known to him and which would get in the way with the use of goods bailed. A non-gratuitous bailment or bailment for reward , however, carries a greater responsibility on the part of bailor.
Bailment : Rights of Bailee. The bailee has right to know material faults in goods. According to Section of the Indian Contract Act, the bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware and which materially interfere with the use of them or expose the bailee to extraordinary risk and if he does not make such disclosure he is responsible for damage arising to the bailee directly from such faults.
The text reported in the project is the outcome of my efforts and no part of this project assignment has been copied in any unauthorized manner and no part of it has been incorporated without due acknowledgement. Name: Dev Vora. Nicols, 1 QB