2. Introduction
Contracts of bailment and pledge are a special class of
contracts. These are dealt with in chapter ІX (Secs.
148to181) of the Indian Contract Act 1872.
3. Bailment
Sec.148 defines ‘bailment’ as the delivery of
goods by one person to another for some
purpose ,up on a contract ,that they shall ,when the
purpose is accomplished ,be returned or otherwise
disposed of according to the direction of the person
delivering them.
4. The person delivering the goods is called the
‘bailor’ and the person to whom they are delivered is
called the ‘bailee’.
Eg: A delivers a piece of cloth to B ,a tailor ,to be
stitched in to a suit. there is a contract of bailment
between A and B.
5. Requisites of bailment
Contract
Delivery of possession
For some purpose
Return of specific goods
6. Pledge
The bailment of goods and security for payment of a
debt of performance of a promise is called ‘pledge’
The bailor in this case called the ‘pledger’or
‘pawnor’and the bailee is called ‘pledge’or ‘pownee’.
7. Duties of bailor
To disclose known faults
To bear extraordinary expenses of bailment
To indemnify bailee for loss in case premature
termination of gratuitous bailment
To receive back the goods
To indemnify the bailee
8. Duties of bailee
To take reasonable care of the goods bailed
Not to make any unauthorised use of goods
Not to mix the goods bailed with his own goods
To return the goods
