CONTRACT- II: BAILMENT
Q. Define Bailment Explain Features of Bailment.
Synopsis: 1) Introduction
2) Definition of Bailment
3) Features of Bailment
4) Conclusion
Answer:
1) Introduction:-
Contracts of Bailment are a special class of contract. These are dealt within Chap. IX from S.148 to 181 of the Indian Contract Act, 1872. Bailment implies a sort of one person temporarily goes into the possession of another. The circumstance in which this happens are numerous. Delivering a cycle, watch or any other article for repair, delivering gold to a goldsmith for making ornaments, delivering garments to a drycleaner, delivering goods for carriage, etc. are all familiar situations which create the relationship of ‘Bailment’. Thus, Bailment is a subject of considerable public importance.
2) Definition of Bailment:-
S.148 defines ‘Bailment’ as “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 off according to the directions of the person delivering them. The person delivering the goods is called the ‘Bailor’ and the person to whom they are delivered is called the ‘Bailee’.
3) Features of Bailment:-
1) Contract:- A bailment usually created by agreement between the bailor and the bailee. The agreement may be express or implied. In certain exceptional cases, Bailment is implied as between a finder of good and the owner.
2) Delivery of possession:- A Bailment necessarily involves delivery of possession of goods by bailor to bailee. The basic features of possessions are control and an intention to exclude others. As such mere custody of goods does not create relationship of bailor and bailee. A servent who receives certain goods from his master to take a third party has mere custody of the goods, possession remains with the master and the servent does not become a bailee.
Case Law:- Kaliperumal V/s. Visalakasmi, A.I.R. (1983) Mad. 32.
In this case, a lady employed a goldsmith for melting her old jewellery and making new out of it. Every evening she received the unfinished jewellery and put it into a box kept at the goldsmith’s premises. She kept the key of that box with herself. One night jewellery was stolen from the box. Held, there was no bailment as the goldsmith had re-delivered to the lady i.e. the bailor, the jewellery bailed with him by her. Delivery of possession may be actual or constructive.
3) For some purpose:- The delivery of goods from a bailor to bailee must be for some purpose. If goods are delivered by mistake to a person, there is no bailment.
4) Return of specific goods:- It is agreed between the bailor and bailee that as soon as the purpose is achieved, the goods shall be returned or disposed of according to the directions of the bailor. If the goods are not to be specifically returned, there is no Bailment. But there is a bailment even if the goods bailed are, in the meantime, altered in form e.g. when a piece of cloth is stitched into a suit.
Case Law: State of Gujarat V/s. M. M. Haji Hassan,
A.I.R. 1967 S.C. 885-
Seizure of goods by custom authorities, who after seizure are in the position of bailee.
5) Consideration in a Contract of Bailment:- ‘A’ gives his bicycle to ‘B’ for repair, or when ‘A’ gives his car to ‘B’ on hire. Such consideration is in form of money. However, is not necessary to support the promise on the part of the bailee to return the goods. The detriment suffered by the bailor. In parting with possession of the goods, is a sufficient consideration to support the contract of Bailment.
4) Conclusion:- From the above discussion it can be seen that bailment is a contract whereby a delivery of possession is given of specific goods to another for some purpose with the direction that the goods shall be return or dispose off on fulfillment of the purpose. Bailment is a different from licence and sale.
With the Reference of Book:
Law Of Contract and Specific Relief
- Dr. Avtar Singh
B.com., LL.M., LL.D., (Luck.)
Miss. Nazneen Abdulsamad Fakir,
Class: III NLC,
Ismailsaheb Mulla Law College, Satara.
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