Rights and duties of bailor and bailee contract of bailment. A contract of bailment is avoidable at the option of the bailor, if the bailee does not act with regard to the goods bailed in. Chapter8 provisions relating to contracts of bailment. The contractual transfer of possession of assets or property for a specific objective. It examines the nature of bailment as it relates to other facets of the law of obligations such as the law of sale of goods, contract and tort. In bailment, the deliverer of the asset is the bailor, and the receiver is the bailee.
There is a contract of bailment between sanju and manju. For purposes of this agreement, the term property means any items of tangible property including, without limitation. The existence of a valid contract is a foremost condition in bailment which implies that goods are to be returned when the purpose is fulfilled. The essential feature of bailment is that goods are delivered for a temporary purpose. In bailment, bailor continues to be the owner of goods as there is no change of ownership. According to section 148 of the contract act, bailment means the delivery of goods by one person to another for some purpose, upon a contract that they shall.
In case of a contract of bailment, there is only the change of possession and not ownership. Finder of lost goods is also known as bailee although there may not be any existing contract between him and the actual owner. Contract of bailment, rights and duties of bailor and bailee. Once you complete this lesson, you should understand what constitutes a bailment. Contract of bailment is defined under section 148 of indian contract act.
The delivery of goods should be made for some purpose and upon a contract that when the purpose of delivery is fulfilled the goods shall be returned to the bailor. A bailment is the delivery of goods by one person to another for some purpose, upon a contract. The first comprehensive treatise to be written on bailment doctrine described it as having produced more contradictions and confusion, more diversity of opinion and inconsistency of argument. A bailment contract is an agreement whereby one party temporarily hands something to another. Bailment means a delivery of goods from one person to another for a special purpose. A person who is already in possession of goods may contract to hold them as bailee and the owner in such a case becomes bailor. Contracts and obligations in general chapter 1 interest. Whereas pledge means delivery of goods as security for the payment of debt or performance of a promise. Every citizen shall have the right to make a contract subject to the.
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