BAILMENT AND PLEDGE



          CHIPPY.R.S
          MGT1005411
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.
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.
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.
Requisites of bailment
 Contract
 Delivery of possession
 For some purpose
 Return of specific goods
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’.
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
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
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Bailment and pledge

  • 1.
    BAILMENT AND PLEDGE CHIPPY.R.S MGT1005411
  • 2.
    Introduction Contracts of bailmentand 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 deliveringthe 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 ofgoods 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
  • 9.