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BAILMENT (By RGJ:-) )

According to section 148 of ICA 1872, “ 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.

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BAILMENT (By RGJ:-) )

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  1. BAILMENT

  2. DEFINITION

  3. EXAMPLE

  4. CLASSIFICATION CLASSIFICATION I CLASSIFICATION II (on the basis of (on the basis of reward) benefit) i) Gratuitous bailment i) for the exclusive benefit of the Bailor. ii) Non Gratuitous ii) for the exclusive bailment benefit of the Bailee. iii) for the mutual benefits of both.

  5. GRATUITOUS & NON GRATUITOUS BAILMENT • Gratuitous Bailment done “ free of charge” . Example: A lends his book to B, a close friend, to be returned after the examination. Neither the bailor nor the bailee is entitled any remuneration. • Non gratuitous bailment is the case where charges are payable. Example: X hires a cycle from a cycle shop. Either the bailor or the bailee is entitled to a remuneration.

  6. Bailor alone benefited • Beneficiary is the bailor only • The bailee is no way benefited. Example: P delivers his valuables to his neighbour Q and requests him to take care of the same for a month when P is not in station. Here, P= Beneficiary.

  7. BAILEE ALONE BENEFITED • Beneficiary is the bailee only • The bailor is no way benefited. Example: R lends his book to S, a close friend, to be returned after the examination. Here, S= Beneficiary.

  8. BAILMENT FOR THE MUTUAL BENEFIT OF BOTH BAILOR AND BAILEE • Sometimes, a contract of bailment may be beneficial to both bailor and bailee. Example: Raj gives a bit of cloth to Krish, a tailor, and asks Krish to stitch a shirt. Here, Both RAJ and Krish = Beneficiary.

  9. ESSENTIAL ELEMENTS • CONTRACT • DELIVERY OF GOODS • TRANSFER OF POSSESSION ONLY AND NOT TITLE • SOME DEFINITE PURPOSE • RETURN OF SPECIFIC GOODS • CONCERNED ONLY WITH MOVABLE PROPERTY

  10. DUTIES OF THE BAILOR • To disclose faults in goods bailed ( sec. 150, paragraph 1). • To bear the risk of loss ( sec. 152). • To repay the bailee the necessary expenses incurred by him( sec. 158). • To indemnify the bailee in case of premature termination of gratuitous bailment( sec.159). • To receive back the goods( sec. 164).

  11. DUTIES OF THE BAILEE • To take care of the goods bailed( sec.151) • Not to make an authorized use of the goods (sec.154) • Not to mix the goods bailed with his own goods • To return the goods( sec.160). • To return any benefit accrued from out of the goods bailed(sec.160)

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