Adv. Uzair A.K. Ghouri
Bailment
 Definition
 Characteristics
 Types
 Duties of Bailee
 Duties of Bailor
Adv. Uzair A.K. Ghouri
Definition of Bailment
 In accordance with section 148 it is the
delivery of goods by one person to another
for some purpose, upon a contract that they
shall, when the purpose is so accomplished,
be returned or otherwise disposed of
according to the directions of the person
delivering them.
 Bailor delivers the good and bailee receives
the good
 Transaction is called bailment
Adv. Uzair A.K. Ghouri
Characteristics of Bailment
 Goods must be moveable property
 Delivery can be “Constructive” or
“Actual”
 Goods deliver for some purpose
 Goods deliver with the Condition either
to return back or disposed of
Adv. Uzair A.K. Ghouri
Kinds of Bailment
 Bailment for exclusive benefit of the
bailor (surety; security)
 Bailment for exclusive benefit of the
bailee
 Bailment for mutual benefit
Adv. Uzair A.K. Ghouri
Difference between Bailment
and Sales
 In sales ownership is transferred.
 In Bailment ownership is not
transferred rather possession for a
specific period of time.
Adv. Uzair A.K. Ghouri
Duties of Bailee
 Duty to take reasonable care of goods deliver to
person (that is care that a man of ordinary prudence
would take of his own goods)
 Bailee is not the insurer of the goods had the
mistake is not cause because of negligence on his
part
 Duty not to make unauthorized use of the goods
else he is liable to make compensation
 Duty not to mix goods bailed with his own goods
 Duty to return goods
 Duty to deliver any accretion to the goods
Adv. Uzair A.K. Ghouri
Duties of Bailor
 Must disclose fault in goods of bailed
 Must pay necessary expenses
 Must receive back the goods
 Shall indemnify the Bail
Adv. Uzair A.K. Ghouri
Termination of Bailment
 If the Bailment is for specified period at
the end of that period
 If the Bailment for specific purpose at
accomplishment of that purpose
termination will occur
 Any act in violation of the contract

Bailment

  • 1.
    Adv. Uzair A.K.Ghouri Bailment  Definition  Characteristics  Types  Duties of Bailee  Duties of Bailor
  • 2.
    Adv. Uzair A.K.Ghouri Definition of Bailment  In accordance with section 148 it is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is so accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.  Bailor delivers the good and bailee receives the good  Transaction is called bailment
  • 3.
    Adv. Uzair A.K.Ghouri Characteristics of Bailment  Goods must be moveable property  Delivery can be “Constructive” or “Actual”  Goods deliver for some purpose  Goods deliver with the Condition either to return back or disposed of
  • 4.
    Adv. Uzair A.K.Ghouri Kinds of Bailment  Bailment for exclusive benefit of the bailor (surety; security)  Bailment for exclusive benefit of the bailee  Bailment for mutual benefit
  • 5.
    Adv. Uzair A.K.Ghouri Difference between Bailment and Sales  In sales ownership is transferred.  In Bailment ownership is not transferred rather possession for a specific period of time.
  • 6.
    Adv. Uzair A.K.Ghouri Duties of Bailee  Duty to take reasonable care of goods deliver to person (that is care that a man of ordinary prudence would take of his own goods)  Bailee is not the insurer of the goods had the mistake is not cause because of negligence on his part  Duty not to make unauthorized use of the goods else he is liable to make compensation  Duty not to mix goods bailed with his own goods  Duty to return goods  Duty to deliver any accretion to the goods
  • 7.
    Adv. Uzair A.K.Ghouri Duties of Bailor  Must disclose fault in goods of bailed  Must pay necessary expenses  Must receive back the goods  Shall indemnify the Bail
  • 8.
    Adv. Uzair A.K.Ghouri Termination of Bailment  If the Bailment is for specified period at the end of that period  If the Bailment for specific purpose at accomplishment of that purpose termination will occur  Any act in violation of the contract