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Gulshan Mishra   03 November 2018

Bailment

What is the difference between bailment and lease?


Learning

 4 Replies

Nikitha Mathew   09 June 2020

Hello,

A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’.

lease is a contract outlining the terms under which one party agrees to rent property owned by another party. It guarantees the lessee, also known as the tenant, use of an asset and guarantees the lessor, the property owner or landlord, regular payments for a specified period in exchange.

The main difference that in leasing,  ownership remains with the lessor, but the lessee is allowed to use the property. But in the case of bailment,  the bailor is generally not entitled to use the property while it is in possession of the bailee. 

Hope this answers your question

Regards

Nikitha

JosephForman   20 August 2020

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Mansi Aggarwal   27 February 2021

A bailment is not the same as a sale, which is an intentional transfer of ownership of personal property in exchange for something of value. A bailment involves only a transfer of possession or custody, not of ownership. A rental or lease of personal property might be a bailment, depending upon the agreement of the parties. A bailment is created when a parking garage attendant, the bailee, is given the keys to a motor vehicle by its owner, the bailor. The owner, in addition to renting the space, has transferred possession and control of the vehicle by relinquishing its keys to the attendant. If the keys were not made available and the vehicle was locked, the arrangement would be strictly a rental or lease, since there was no transfer of possession.

Hope this solves your query.
 

175B083 Mahesh P S   28 February 2021

Hello,

For more input visit:

https://www.lawyersclubindia.com/articles/mortgage-pledge-hypothecation-and-charge-13529.asp
https://www.lawyersclubindia.com/articles/an-analysis-on-contracts--7831.asp

https://www.lawyersclubindia.com/articles/what-is-a-lease-deed--10905.asp

https://www.lawyersclubindia.com/articles/distinction-between-lease-and-licence-1313.asp

 

Thank you


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