GROUP MEMBERS
Name Roll No.
Sheheryar Naseer (Leader) MCE13307
Amina Zahid MCE13324
Ahmad Masood MCE13327
Javeria Mughal MCE13325
Hassan Tariq MCE13341
BAILMENT & PLEDGE
BAILMENT
Sec 148 of Indian Contract Act, 1872 provides
“Bailment is the delivery of goods by one person to
another for some purpose, upon a contract that they shall,
when the purpose accomplished, be return or otherwise
disposed of according to the directions of the person
delivering them.”
Examples
• Hiring a bicycle
• Delivering watch for repair
• Giving cloth to a tailor
Bailee: who takes
Bailment: transactions
Bailor: who gives
REQUISITES OF BAILMENT
Following are the requisites of bailment
•Contract
• Delivery of goods
• For some specific purpose
• For some specific period of time
• Ownership not transfer
• Return of specific goods
CLASSIFICATION OF BAILMENT
• On the basis of benefits
1 Exclusive for the benefit of bailor
(leaving goods in safe custody without paying)
2 Exclusive for the benefit of bailee
(a loan of some article like a pen )
3 Exclusive for the benefit of both
(contracts for hiring, repair etc)
CLASSIFICATION OF BAILMENT
• On the basis of reward
1 Gratuitous bailment
(Goods are delivered by bailor to bailee without any
reward i.e lending a book to friend for reading)
2 Non-Gratuitous bailment
(Where bailor & bailee is entitled to reward for
bailment i.e a car let out for hire )
Duties of bailor
Duties of bailor are as under:
1-Duty to disclose faults
2-Duty to repay necessary expenses
3-Duty to indemnify the bailee
4-Liability on early breach of bailment
Duties of bailee
Duties of bailee are as under:
1-Duty to take reasonable care
2-Duty not to make unauthorized use
3-Duty to return goods
4-Duty to return increase
Rights of bailor
Rights of bailor are as under:
1-Right to claim damages
2-Right to Demand Return of Goods
3-Right to Claim Increase
4-Right to Terminate Bailment
Rights of bailee
Rights of bailee are as under:
1-Right to claim damages
2-Right to Recover Expenses
3-Right to Deliver Goods
4-Right to Sue
TERMINATION OF BAILMENT
A contract of bailment terminates under the following
circumstances:
1-Expiry of time
2-Accomplished of purpose
3-Unauthorized use
4-Death of bailor or bailee
PLEDGE OR PAWN
Definition (Sec 172)
“The bailment of goods as security for payment of a
debt or performance of promise is called pledge.”
1-Pawner
2-Pawnee
Example
A borrows Rs.100 from B & keeps his watch as
security
ESSENTIALS OF PLEDGE
The essentials of a pledge are as under:
1-Movable property
2-Limited Interest
3-Transfer of possession
4-No transfer of ownership
Rights of pawnee
Rights of pawnee are as under:
1-Right of retainer
2-Right of retainer for other debts
3-Right to extraordinary expenses
4-Right against true owner, when the pawnor’s title is defective
Rights of pawnor
Rights of pawnor are as under:
1-Right to get back goods
2-Right to redeem debt
3-Right to claim damages
4-Right to claim increase
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Bailment & pledge

  • 2.
    GROUP MEMBERS Name RollNo. Sheheryar Naseer (Leader) MCE13307 Amina Zahid MCE13324 Ahmad Masood MCE13327 Javeria Mughal MCE13325 Hassan Tariq MCE13341
  • 3.
  • 4.
    BAILMENT Sec 148 ofIndian Contract Act, 1872 provides “Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose accomplished, be return or otherwise disposed of according to the directions of the person delivering them.” Examples • Hiring a bicycle • Delivering watch for repair • Giving cloth to a tailor
  • 5.
    Bailee: who takes Bailment:transactions Bailor: who gives
  • 6.
    REQUISITES OF BAILMENT Followingare the requisites of bailment •Contract • Delivery of goods • For some specific purpose • For some specific period of time • Ownership not transfer • Return of specific goods
  • 7.
    CLASSIFICATION OF BAILMENT •On the basis of benefits 1 Exclusive for the benefit of bailor (leaving goods in safe custody without paying) 2 Exclusive for the benefit of bailee (a loan of some article like a pen ) 3 Exclusive for the benefit of both (contracts for hiring, repair etc)
  • 8.
    CLASSIFICATION OF BAILMENT •On the basis of reward 1 Gratuitous bailment (Goods are delivered by bailor to bailee without any reward i.e lending a book to friend for reading) 2 Non-Gratuitous bailment (Where bailor & bailee is entitled to reward for bailment i.e a car let out for hire )
  • 9.
    Duties of bailor Dutiesof bailor are as under: 1-Duty to disclose faults 2-Duty to repay necessary expenses 3-Duty to indemnify the bailee 4-Liability on early breach of bailment
  • 10.
    Duties of bailee Dutiesof bailee are as under: 1-Duty to take reasonable care 2-Duty not to make unauthorized use 3-Duty to return goods 4-Duty to return increase
  • 11.
    Rights of bailor Rightsof bailor are as under: 1-Right to claim damages 2-Right to Demand Return of Goods 3-Right to Claim Increase 4-Right to Terminate Bailment
  • 12.
    Rights of bailee Rightsof bailee are as under: 1-Right to claim damages 2-Right to Recover Expenses 3-Right to Deliver Goods 4-Right to Sue
  • 13.
    TERMINATION OF BAILMENT Acontract of bailment terminates under the following circumstances: 1-Expiry of time 2-Accomplished of purpose 3-Unauthorized use 4-Death of bailor or bailee
  • 14.
    PLEDGE OR PAWN Definition(Sec 172) “The bailment of goods as security for payment of a debt or performance of promise is called pledge.” 1-Pawner 2-Pawnee Example A borrows Rs.100 from B & keeps his watch as security
  • 15.
    ESSENTIALS OF PLEDGE Theessentials of a pledge are as under: 1-Movable property 2-Limited Interest 3-Transfer of possession 4-No transfer of ownership
  • 16.
    Rights of pawnee Rightsof pawnee are as under: 1-Right of retainer 2-Right of retainer for other debts 3-Right to extraordinary expenses 4-Right against true owner, when the pawnor’s title is defective
  • 17.
    Rights of pawnor Rightsof pawnor are as under: 1-Right to get back goods 2-Right to redeem debt 3-Right to claim damages 4-Right to claim increase
  • 19.