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Bailment [section - 148-171] - Coggle Diagram
Bailment [section - 148-171]
Section - 148 Bailment Bailor and Bailee defined
- it is delivery of goods by one person to another for some purpose upon contract - that when such purpose is completed bailee shall returned the goods or disposed according to the direction of bailor
149. Delivery to bailee how made.—
The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorized to hold them on his behalf.
Section - 150 .Bailor’s duty to disclose faults in goods bailed.—
Gratuitous
Of which he is aware - bound to disclose / if fails to do so - liable
Of which he is unaware of - does not liable to disclose
Reward
is responsible for all defects whether aware or unaware
Duty of the bailee / Rights of Bailor
Section - 151. Care to be taken by bailee.—
Reasonable care
Section - 152 Bailee when not liable for loss, etc., of thing bailed
. - Not liable for the circumstance is taken due care as u/s 151
Section - 153 Termination of bailment by bailee’s act inconsistent with conditions
Section - 154
Liability of bailee making unauthorized use of goods bailed.
Mixture of Goods
Section - 155 Effect of mixture, with bailor’s consent, of his goods with bailee’s -
Both shall have an interest, in proportion to their respective shares, in the mixture thus produced.
Section - 157 Effect of mixture, without bailor’s consent, when the goods cannot be separated
. - compensate bailor
Section - 156 Effect of mixture without bailor’s consent, when the goods can be separated -
Expense of separation shall be bear by Bailee
Section - 160 Return of goods bailed, on expiration of time or accomplishment of purpose
Section - 163 Bailor entitled to increase or profit from goods bailed.
- In absence of contract to contrary
Section - 165 Bailment by several joint owners
- bailee can deliver the goods to any on the one joint owner w/o consent of the co owners in absence of contract to contrary
Section - 161 - Bailee’s responsibility when goods are not duly returned
Rights of Bailee/ Duty of Bailor
Section - 150
Bailor’s duty to disclose faults in goods bailed
Section - 158 - Repayment, by bailor, of necessary expenses
- the bailee shall get reimbursements for the extra ordinary expenses
Section - 164 Bailor's responsibility to bailee -
Defective Title
Right to Lien
This right is also inferred by sections - 168, 173-174 , 221 of Contract Act and section - 47 of SOGA
Section - 170 -Particular Lien
- Bailee is entitled to retain the goods until the payment is made by the bailor - but any previous security cannot be retain by the
Section - 171 General Lien - Bankers, Factors, Wharfingers, Attorney and policy-brokers -
are entitled to retain any good as security
Section - 166 Bailee not responsible on re-delivery to bailor without title.
— the bailee is not responsible to the owner in respect of such delivery
Section - 167 Right of third person claiming goods bailed -
go to court
Section - 168 Right of finder of goods, may sue for specific reward offered.
- FoG have no right to get compensation for preservation of goods done voluntarily but can get compensation if owner offered specific reward for return of lost good - and such FoG can retain good until compensation is paid.
Section - 169 - When finder of thing commonly on sale may sell it
- if the owner is either not found or denies to pay for the good found - the finder may sell it
when such thing is perishable
or when lawful charges of finder - amounts to two-third of its value.
Termination of Bailment
After expiration of specified time 2. After expiration of specified purpose
Section - 153
Section - 159
Lent w/o reward(gratuitously) - can terminate at any time
Section - 162 - If Gratuitously - terminate with the death of Bailee/Bailment