Law of Contract (Sec.148-171)

1. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
LAW OF CONTRACT
BAILMENT
Sec.148-171
By: SHALINI TYAGI
(Associate Prof.& Associate HOD,School of Law)

2. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definition : Sec.148
• “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”

3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
• Delivery of goods
• Contract
• Return of goods in specie
Essential features of Bailment

4. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Classification of Bailment
 Bailment on the basis of benefits
 Bailment for the benefit of Bailor only
 Bailment for the benefit of Bailee only
 Bailment for the mutual benefit of both
Bailor & Bailee

5. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Bailment on the basis of rewards
• Non – Gratuitous bailment
• Gratuitous bailment

6. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Rights of Bailor
1. Right of termination
2. Right to demand restoration of goods lent
gratuitously
3. Compensation from a wrong doer
4. Right to get an increase or profit from goods
bailed
5. Right to sue the bailee for the enforcement of
the duties imposed upon a bailee

7. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Duties of Bailor
1. Duty to disclose faults in goods bailed
(Sec.150)
2. Liability for breach of warranty as to title
(Sec.164)
3. To bear expenses in case of gratuitous
bailment (Sec.158)
4. In case of non-gratuitous bailment
5. Duty to indemnify the bailee for loss
6. Duty to receive back the goods

8. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Rights of Bailee
1. Bailee can sue bailor for
2. Claiming compensation for damage
resulting from non disclosure of faults in
the goods
3. For breach of warranty as to title & the
damage resulting there from &
4. For extraordinary expenses

9. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
LIEN- (Sec.170-171):
Is the right of one person to retain that which is
in his possession, belonging to another, until
some debt or claim is paid”
Bailees particular Lien :Sec.170
Bailees general Lien :Sec.171
Right against wrongful deprivation or injury to
goods: Sec.180-181

10. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Duties of the Bailee
To take care of the goods bailed-Sec.151
Not to make unauthorized use of goods-Sec.154
Not to mix Bailors goods with his own-Sec.155-
157
To return the goods bailed-Sec.160-161
To return any accretion to the goods bailed-
Sec.163

11. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Finder of lost Goods
Finding is not keeping. A finder of lost goods is
treated as the bailee of the goods found as such
and is charged with the responsibilities of a
bailee, besides the responsibility of exercising
reasonable efforts in finding the real owner.