what are the rights and duties of bailor and bailee- The word ‘Bailment’ is derived from the french word ‘Balllier’. The meaning of Ballier is “to Give or to Deliver”. Generally, the contract of Bailment is the delivery of goods for a temporary period and it shall be returned after the accomplishment of the specific purpose.
Contract of Bailment
Section 148 to 181 of the Indian contract Act,1872 deals with the Contract of Bailment. There are few acts which also deal with contract of bailment. i.e – 1) The Carriage of goods by sea act,1925, 2) The railway’s act,1890, 3) The Carriers Act,1865.The Indian contract act does not cover all types of bailment. The Indian contract act deals with the general principles of Contract of Bailment.
Section 148 of the Indian contract Act,1872 defines Bailment, Bailor, and Bailee
- A bailment is the delivery o f 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.
Suraj lends some books to Kunal for 10 days and it is to be returned after the completion of 10 days. There is a contract of bailment between Suraj and Kunal.
Elements of Bailment
- Agreement– There must be a Agreement between the bailor and bailee. It may be be express or implied.
- Delivery of the goods – There should be delivery of the goods by bailor and it should be upon a contract.
- Purpose – Delivery of the goods must have a specific purpose.
- Return of specific goods – The goods shall be returned to bailor after the purpose is achieved. if the goods are not returned then there is no bailment.
Kinds/Types of Bailment
- Bailments in General – Section 148-171 of The Indian contract Act,1872
- Bailments in Pledges – Section 172-179 of The Indian contract Act,1872
what are the rights and duties of bailor and bailee ?
Rights and Duties of Bailor
- Duty to disclose known faults -Section 150 of The Indian Contract Act,1872 lay down the provisions relating to discloses known faults. The bailor is bound to disclose known faults to the bailee. if the bailor does not disclose the known fault to the bailee then he is responsible for the damages arising to bailee from such faults.
- Duty to indemnify the bailee
- Duty to claim back the goods
- To repay bailee’s expenses
- Duty to compensate bailee for breach of warranty
Rights and Duties of Bailee
- Duty of not Mixing the Goods
- Right to expenses or remuneration
- Right to compensation
- Duty of Return the goods
- Right to lien