TataKelola dan KamSiber Kecerdasan Buatan v022.pdf
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Rights & duties of bailor & bailee [ contract of bailment part 2]
1. Rights & Duties of Bailor & Bailee
Course Co-Ordinator:
Ms. Neetu Kushwaha
2. Duties of Bailor:
• Duty to deliver the goods. [Sec.149]
• To Disclose Known Faults [Sec. 150]
• To Bear Extraordinary Expenses of bailment
[Sec.158]
• To Indemnify the bailee for any loss due to defect
to title. [Sec. 164]
• To Bear Loss for Wrongful Refusal to take back
the goods.
• To bear loss due to destruction or deterioration
of goods bailed in natural course.
3. Duties of Bailee
• To Take Care of the goods bailed. [Sec. 151 &
Sec. 152]
• Not to make any unauthorized use of good
bailed. [Sec. 154]
• To return the goods bailed. [Sec. 160]
*In Case he fails to return the goods he will be
responsible to the bailor for any loss. [Sec. 161]
• To return any accretion to the goods.
• Not to mix the goods with his own goods.
4. CONT…….
• If bailee mix the goods:
(i) With the consent of the bailor:
In this case bailor & bailee shall have proportionate
interest in the mixture .
(ii) Without the consent of the bailor:
*When the goods can be separated:
The bailee is bound to bear the expenses of separation
and any loss or damages arising from the mixture.
*When the goods can not be separated:
The bailee will have to bear the loss. [Sec. 157]
5. CONT…..
• In case the goods get mixed due to any
accident or by mistake of bailee or by the
third party, the bailee shall bear the loss
& expenses incurred for separation of
goods.
• In case the goods cannot be separated,
the bailee will have to bear whole loss.
6. Rights of the Bailor
• To take back the goods. [Sec. 159]
• To terminate the bailment. [Sec.153]
• To claim damages. [Sec. 151]
• To claim compensation for unauthorized use.
[Sec. 154]
• To claim increase compensation for the loss
caused by mixture of goods.[Sec. 157]
• To claim increase or profit from the goods. [Sec.
163]
7. Rights of the Bailee
• To claim damages. [sec. 150]
• To claim necessary expenses. [Sec.158]
• Right to indemnified. [Sec. 159]
• To deliver goods to one the joint bailors. [Sec.
165]
• To return goods. [Sec. 166]
• To exercise Lien. [Sec. 170 & sec. 171]