Special Contracts Indemnity & Guarantee Bailment & Pledge Agency Sec - 124 Sec - 148 Sec - 182
Indemnity & Guarantee Indemnity  Sec - 124 One person Makes a Promise To another person To save from loss By doing something E.G. Insurance Agreement
Parties of indemnity Indemnifier: Person giving promise Indemnified: Person receiving promise Nature of Indemnity It is a type of contingent contract.   Right of Indemnity holder Sec - 125 Indemnity Holder Is Entitled To Recover : All damages  All sums paid as compromise to such suit.
Guarantee   Sec - 126 One person Makes a Promise To another person To pay some money If some other person Makes default in payment of money Payable by him E.G. Surety in loan agreements
Types Of Guarantee Specific  Guarantee:   For a single transaction. Continuing  Guarantee:  For many transactions It may be for a fixed time It may be revoked After revocation it will not apply to future transactions It remains applicable for past transactions
Parties The person to whom guarantee is given  sec - 126 Creditor person for whose default guarantee is given   sec 126 . Debtor “ is person who gives the guarantee”   [section 126] . Surety
Rights Of Sureties Against Debtor   Subrogation – sec 140 Indemnity – sec 145.  Against creditor  Claim security Setoff Against co-sureties   Equal contribution  Sec 146
Discharge of Surety Revocation -- notice to the creditor Sec -130  Specific guarantee cannot be revoked. Continuing guarantee -- revoked by death of surety, sec 131 Substituting new contract Sec 62. Conduct of the creditor Variation -- without the surety’s consent Sec 133.  Creditor makes a composition with debtor Sec 135. Creditors losses security given to him. Sec 141. By invalidation of contract of guarantee Sec 142.
Bailment Bailment is  Delivery of goods   By one person to another  For  some purpose ,  They shall  be returned   According to the  directions of the person delivering them MEANING :  Sec 148
Same  goods to be returned  but form of goods may be changed.  E.g. when cloth is stitched by tailor. Characteristics of bailment Person delivering  goods is called the “ bailor ”  Person to whom they are delivered is called the “ bailee ”.  Sec 148 Parties
Placing an ornament in a bank locker is not bailment.  Deposit of money in a bank is not bailment. Examples :

Special Contracts

  • 1.
    Special Contracts Indemnity& Guarantee Bailment & Pledge Agency Sec - 124 Sec - 148 Sec - 182
  • 2.
    Indemnity & GuaranteeIndemnity Sec - 124 One person Makes a Promise To another person To save from loss By doing something E.G. Insurance Agreement
  • 3.
    Parties of indemnityIndemnifier: Person giving promise Indemnified: Person receiving promise Nature of Indemnity It is a type of contingent contract. Right of Indemnity holder Sec - 125 Indemnity Holder Is Entitled To Recover : All damages All sums paid as compromise to such suit.
  • 4.
    Guarantee Sec - 126 One person Makes a Promise To another person To pay some money If some other person Makes default in payment of money Payable by him E.G. Surety in loan agreements
  • 5.
    Types Of GuaranteeSpecific Guarantee: For a single transaction. Continuing Guarantee: For many transactions It may be for a fixed time It may be revoked After revocation it will not apply to future transactions It remains applicable for past transactions
  • 6.
    Parties The personto whom guarantee is given sec - 126 Creditor person for whose default guarantee is given sec 126 . Debtor “ is person who gives the guarantee” [section 126] . Surety
  • 7.
    Rights Of SuretiesAgainst Debtor Subrogation – sec 140 Indemnity – sec 145. Against creditor Claim security Setoff Against co-sureties Equal contribution Sec 146
  • 8.
    Discharge of SuretyRevocation -- notice to the creditor Sec -130 Specific guarantee cannot be revoked. Continuing guarantee -- revoked by death of surety, sec 131 Substituting new contract Sec 62. Conduct of the creditor Variation -- without the surety’s consent Sec 133. Creditor makes a composition with debtor Sec 135. Creditors losses security given to him. Sec 141. By invalidation of contract of guarantee Sec 142.
  • 9.
    Bailment Bailment is Delivery of goods By one person to another For some purpose , They shall be returned According to the directions of the person delivering them MEANING : Sec 148
  • 10.
    Same goodsto be returned but form of goods may be changed. E.g. when cloth is stitched by tailor. Characteristics of bailment Person delivering goods is called the “ bailor ” Person to whom they are delivered is called the “ bailee ”. Sec 148 Parties
  • 11.
    Placing an ornamentin a bank locker is not bailment. Deposit of money in a bank is not bailment. Examples :