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BAILMENT
Chapter – 16
Part 1
PPT by Sandeep Sharma
Meaning: Bailment
 Section 148
“It is the delivery of goods by one person to another for
some purpose,
when the purpose is accomplished,
be returned according to the directions of the person
delivering them”.
Section 148 (definition) to Section 171
Bailment
 Bailor: person delivering goods.
 Bailee: person to whom the goods are delivered.
 Sub-bailee: when bailee with the consent of
bailor, bails the goods further to the third
party.
Example 1
Ms. Rajni
Here, Ms. Rajni
lends her car to Mr.
Kant (her friend).
So, it is a contract
of Bailment
between them.
Mr. Kant
friend
lends car
(Bailor) (Bailee)
Examples
 When A delivers his clothes to B for
dry-cleaning.
 When A hands over his car to B for
a long drive.
 When A parks his car in a parking
centre of B for a payment.
 When A gives his laptop to B for
updating it’s software.
There is a contract
of Bailment in each
of the following
cases.
Essentials: Bailment
 Contract: it may be Express, Implied or Quasi.
 Goods: bailment is only for ‘movable goods’, the bailment of
immovable property is impossible.
 Delivery of goods: goods must be delivered from one to another
person.
Essentials: Bailment
 Purpose: the delivery of goods must have some purpose. Delivery
without any purpose/by mistake does not create bailment.
 Return of goods: it is a basic condition, when purpose is accomplished.
 Return of the same Goods: bailee is bound to return the very same
good.
Special cases of Bailment
 Seizure of goods by Govt. officials: if govt seize then they are in the position
of bailee & liable to the owner of goods.
 Deposit of instruments: instruments like promissory note are deposited as
security for liability then person receiving it considered as bailee.
 Port authorities: these port authorities are liable as bailees.
 Common carrier: railways
 Post office, Cloak room, Parking place etc.
These are NOT Bailment
 Deposit with Bank: deposit in Savings/fixed deposit account.
WHY not bailment?
i. Money is not goods as per definition.
ii. Banker is not bound to return same notes & coins.
 Collection of money by agent: an agent who collects money on behalf of his
principal.
 Bank locker/safety vault: because they are not going to use it, so it is a
contract of hiring only.
Modes of delivery of Goods
 Actual delivery: when goods are physically handed by bailor to bailee.
 Symbolic: Eg:- A is to deliver Bike to B, he gave the key of his Garage
from where B will take A’s bike.
 Constructive: here any authorized person gets the goods on behalf of
bailee.
Classification/types of Bailment
On the basis of Purpose
On the basis of Benefit
On the basis of Reward
Classification
1) For deposit: for safe custody of goods.
2) For use: for use of goods for some time.
3) For pledge: goods as security of a loan.
4) For carriage: carrying goods from one
to another place.
5) For creation of utility: delivering cloth
to a tailor for stitching a shirt.
6) For repair: delivering car for service.
On the
basis of
PURPOSE
Classification
1) For bailor’s sole benefit: car at parking
centre for a payment
2) For exclusive benefit of bailee: gives
car for long drive.
3) For the mutual benefit: when both the
parties are being benefited.
4) Forced bailment: goods passes to a
person by mistake, accident.
On the
basis of
Benefit
Classification
1) Gratuitous: where remuneration passes
between both. Eg:- Bailor lends his
goods without any charge/reward.
2) Non-gratuitous bailment: where some
consideration takes place. Eg:- bailee
hires something from a shop for charges.
On the
basis of
Reward
(remuneration – money paid for work)
END OF PART - 1
PPT by Sandeep Sharma

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Bailment "PART 1" (Chapter 16) - Business Law

  • 1. BAILMENT Chapter – 16 Part 1 PPT by Sandeep Sharma
  • 2. Meaning: Bailment  Section 148 “It is the delivery of goods by one person to another for some purpose, when the purpose is accomplished, be returned according to the directions of the person delivering them”. Section 148 (definition) to Section 171
  • 3. Bailment  Bailor: person delivering goods.  Bailee: person to whom the goods are delivered.  Sub-bailee: when bailee with the consent of bailor, bails the goods further to the third party.
  • 4. Example 1 Ms. Rajni Here, Ms. Rajni lends her car to Mr. Kant (her friend). So, it is a contract of Bailment between them. Mr. Kant friend lends car (Bailor) (Bailee)
  • 5. Examples  When A delivers his clothes to B for dry-cleaning.  When A hands over his car to B for a long drive.  When A parks his car in a parking centre of B for a payment.  When A gives his laptop to B for updating it’s software. There is a contract of Bailment in each of the following cases.
  • 6. Essentials: Bailment  Contract: it may be Express, Implied or Quasi.  Goods: bailment is only for ‘movable goods’, the bailment of immovable property is impossible.  Delivery of goods: goods must be delivered from one to another person.
  • 7. Essentials: Bailment  Purpose: the delivery of goods must have some purpose. Delivery without any purpose/by mistake does not create bailment.  Return of goods: it is a basic condition, when purpose is accomplished.  Return of the same Goods: bailee is bound to return the very same good.
  • 8. Special cases of Bailment  Seizure of goods by Govt. officials: if govt seize then they are in the position of bailee & liable to the owner of goods.  Deposit of instruments: instruments like promissory note are deposited as security for liability then person receiving it considered as bailee.  Port authorities: these port authorities are liable as bailees.  Common carrier: railways  Post office, Cloak room, Parking place etc.
  • 9. These are NOT Bailment  Deposit with Bank: deposit in Savings/fixed deposit account. WHY not bailment? i. Money is not goods as per definition. ii. Banker is not bound to return same notes & coins.  Collection of money by agent: an agent who collects money on behalf of his principal.  Bank locker/safety vault: because they are not going to use it, so it is a contract of hiring only.
  • 10. Modes of delivery of Goods  Actual delivery: when goods are physically handed by bailor to bailee.  Symbolic: Eg:- A is to deliver Bike to B, he gave the key of his Garage from where B will take A’s bike.  Constructive: here any authorized person gets the goods on behalf of bailee.
  • 11. Classification/types of Bailment On the basis of Purpose On the basis of Benefit On the basis of Reward
  • 12. Classification 1) For deposit: for safe custody of goods. 2) For use: for use of goods for some time. 3) For pledge: goods as security of a loan. 4) For carriage: carrying goods from one to another place. 5) For creation of utility: delivering cloth to a tailor for stitching a shirt. 6) For repair: delivering car for service. On the basis of PURPOSE
  • 13. Classification 1) For bailor’s sole benefit: car at parking centre for a payment 2) For exclusive benefit of bailee: gives car for long drive. 3) For the mutual benefit: when both the parties are being benefited. 4) Forced bailment: goods passes to a person by mistake, accident. On the basis of Benefit
  • 14. Classification 1) Gratuitous: where remuneration passes between both. Eg:- Bailor lends his goods without any charge/reward. 2) Non-gratuitous bailment: where some consideration takes place. Eg:- bailee hires something from a shop for charges. On the basis of Reward (remuneration – money paid for work)
  • 15. END OF PART - 1 PPT by Sandeep Sharma