CONTRACT OF BAILMENT
Contract of Bailment is defined under section 148 of Indian Contract Act.
A bailment is the delivery of goods by one person to another for some purpose, upon a contract; If the purpose is accomplished the property must be returned back or otherwise disposed off according to the direction of the person delivering them.
● The person who delivers the goods(movable property) is called the Bailor.
● The person to whom the goods are delivered is called the Bailee.
● And the contract between the Bailor and Bailee is called the contract of Bailment.
The contract of Bailment is created only about movable property.
RIGHTS AND DUTIES OF BAILEE
Duties of Bailee
1. Duty to take care of the goods.
2. Duty to return goods.
After the accomplishment of purpose then it is the duty of the Bailee to return the goods to the Bailor.
3. To make proper use of goods Bailed.
The use of the goods which is mentioned under the contract, the use must be according to the contract.
4. Duty not to mix his own goods with the goods of Bailor.
5. Duty not to question the title of the Bailor.
6. Duty of Bailee to pay increase or profit from goods Bailed.
A gives a cow to B on bailment and after the bailment cow gives birth to calf. It is the duty of the Bailee to return cow as well as the calf to the Bailor.
Rights of Bailee
1. Right to get compensation.
2. Right to terminate the contract of Bailment.
If the terms and condition are decided by the parties while making a contract and the goods are not according to term and condition of the contract then the Bailee has right to terminate the contract.
3. Right to get expenses.
If the expenses are incurred by the Bailee regarding the goods bailed then afterwards the Bailee is entitled to get the expenses.
RIGHTS AND DUTIES OF BAILOR
Duties of Bailor
1. It is the duty of Bailor to disclose faults in goods bailed.
It is the paramount duty of the Bailor to express the fault of the goods to the Bailee.
2. Duty of the Bailor to give compensation to the Bailee.
3. Duty to give expenses.
Rights of Bailor
1. Right to get his goods back.
2. Right to get the increase or profit from the goods bailed.
3. Right to get compensation.
4. Right to terminate the contract.