Ques; Define the term
“Bailment”. Discuss its Characteristics.
Contract of Bailment
Ans: Bailment is a type of special contract. Indian Contract Act 1872 discusses Bailment
as delivery of goods by one party to another on condition that the recipient
after use will ultimately restore them to the bailor or dispose of them with
the direction of the bailor, here the delivery of goods is Bailment , the
person delivering the goods is ‘Bailor’ and the person to whom they are
delivered is ‘Bailee’.
" Bailment", "Bailor",
and "Bailee" defined.
Sec 148 of Indian Contract Act, 1872 provides
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.
The person delivering the goods is called the "Bailor". The person to whom they are delivered is called, the "Bailee".
The person delivering the goods is called the "Bailor". The person to whom they are delivered is called, the "Bailee".
Illustrations: Mr. A While going to abroad delivers his Doggy to his neighbor Mr B to look it after unless he comes back. Here, delivery of doggy to Mr. B is a kind of 'Bailment', Mr. A is Bailor and Mr. B is Bailee.
Features or Characteristics or Essentials of Bailment
On the basis of above definition it is clear here
that a Bailment must have following features;
1. Agreement
2. Delivery of goods
3. Movable properties or goods
4. For Some specific purpose
5. For specific period of time
6. Return or disposal of specific goods
7. Ownership not transferred
Can you answer these questions related to "Contract of Bailment"???
- Kinds of Bailment.
- Difference between Sale and Bailment.
- Distinguish between Bailment and Pledge
- Rights and duties of a Bailor
- Rights and duties of a finder of goods
- What are the Duties of Bailee?
