Saturday

Bailment and Pledge - Business Law (BBS 2nd Year)


Define bailment and describes the essentials factors of bailment.

 Bailment is a kind of special contract, caused by the delivery of goods. However it’s not a transfer of ownership of goods rather it is the delivery of goods on a returnable basis.
NCA defines bailment as “ A contract relating to bailment shall be deemed to have been concluded in case any person delivers any property to another person on a returnable basis or for handing it over to any other person or selling it as ordered by him. For eg: “ A gives his house to B on a rent for Rs. 2000 monthly, it is the bailment of building for hire,” X gives his car to repair to Z. It is the bailment of a goods for repair.

Essential factor of Bailment:
i) Delivery of goods: Delivery of goods can be defined as the change of possession of goods from one person to another, but the ownership of the good remain same. It must be made on the ground of free consent. The delivery of goods may be actual and constructive. A gives his bike to B on hire for one day, B takes the bike immediately. It is an actual delivery of goods, however constructive delivery is not a change of the physical possession of goods. The goods remain in the same place but something is done that causes a change of its possession to the bailee. For example delivery of key of store or vehicles is the constructive delivery.

ii) Delivery for some special purpose: Delivery of goods must be made for some purpose through which the Bailee is bound to return the goods when the purpose is achieved. If goods are delivered by mistake than there is no contract of bailment.

iii) Creation of Contract: The relationship between a bailor and a bailee is the creation of a contract. There must be a written document if delivery of good worth more than 200. Thus the both bailee and bailor are bound to create a contract and also they should be competent to create a contract.

iv) The good must be return.

v) No transfer of ownership

vi) Consideration is not necessary: the contract of bailment may be gratuitous or non- gratuitous. If bailment is made for the benefit of a bailor or of a bailee it is gratuitous. For ex: X lets his bike to A just for 10 minutes.

Rights and duties of Bailor:

What is bailor describes the right and duties of bailor.
Bailor is a party or person on who agree to de4liver his goods to the bailee for some purpose for some period of time on a condition that the bailee shall ultimately return the goods to the bailor. For ex: If A delivers his car to B for a week, here A is bailor and the car may be delivered gratuitously or non- gratuitously.

The rights of bailor are given below:
1) Enforcement of a bailee’s duties: Bailor can enforce the duties of bailee as his own right by suit in the following circumstances.

i) To demand compensation, in case of damage of goods.

ii) To demand damage in case of an unauthorized use of goods or breach of the terms, and unauthorized mixing of goods with other goods.

iii) To return goods in the prescribed time.

iv) To demand natural increment or profit in goods.

2) Right to avoid or terminate the contract: The bailor has a right to terminate the contract........
At any time in the following circumstances:


i) If the objectives of the contract can not be fulfilled.

ii) if the contract has an illegal object.

iii) If the the bailee breac hes the terms of contract.

iv) If the bailment is gratuitous.

3) Restoration of goods lent gratuitously: Where goods are lent gratuitously the bailor can demand their return at any time.

4) Right to receive compensation from wrong doer.

The following are the duties of bailor:
i) Duty to disclose the known defects of good: A bailor has to disclose the known defects of the......
goods for bailment. If the bailor does not do so, he will be responsible for the harm or the loss to bailee, but not for unknown defects.


ii) Duty to bear extraordinary expenses: The bailor is responsible to bear the extraordinary expenses of goods eg: medical treatment of sick animals, or the expenses made for keeping the good safe.

iii) Duty to indemnify the bailee: The bailor is responsible to the bailee for any loss due to his/ her imperfect or defective title of the goods and premature termination of the contract.

iv) Duty to receive back the goods.

Define Bailee and describes the right and duties of bailee.
Bailee is the party of a bailment contract to whom goods is delivered by bailor on the condition that after the completion of purpose of contract, or some period of time the bailee should return the goods to the bailor. If X gives his house on rent to Y. The Y is bailee.

The right of bailee is given below:
i) Right to be indemnified for the loss caused by lack of information about the goods, defective titles of good.

ii) Right to deliver goods to one of the several(joint owners): If the bailment contract is concluded by several joint owner the bailee may deliver the goods back to one of the joint owners, without consent of other owner in the absence of any agreement to the contary.

iii) Right of special lien: Special right is the right of a bailee that can keep the goods bailed in his/ her custody until the bailor does not pay all the necessary charges. The bailee even can recover the charge by selling the property.

iv) Right to deliver the goods to bailor even though the real owner of goods is not the bailor.

The duties of bailee is given below:
i) Duty not to make unauthorized use of the good bailed.
ii) Not to mix the bailed goods with other goods.
iii) duty to take reasonable care of the goods bailed.
iv) Duty to return the goods to the bailor in time.
v) To return the goods with their natural profit or increments.
vi) To follow the terms and the instruction of the bailor.
vii) Duty to compensate the loss or damage caused by him/ her.

Finder of Lost goods
Define finder of lost goods and write the right and duties of finder.
Finder of lost goods is the person who finds and keep the lost goods of another person in his own possession, the law implies that there is a contract of bailment between the owner and finder of the lost goods. By the law the finder is treated as the bailee who had agreed to keep the goods of bailor(the person whose good is lost) safely and promised to return back to the owner.

The right and duties of finder of lost good is given below:
Rights:
i) Right of possession: A finder of lost goods has the right to keep it in his possession until the true owner is found.

ii) Right of lien : The finder has the right to keep the goods in his custody until the owner pays the expenses ;incurred in keeping them safe, in repairing the goods and in searching the true owner.

iii) Right to sue for reward: The finder can sue for any specific reward which the owner has offered for the return of the goods. He/She may also retain the goods until he received such reward.

iv) Right to sell the goods:  A finder of lost good can sell those dgoods in the following circumstance:
- If the true owner can not be found.
- If the bailor does not pay the expenses within a reasonable time.
- If the goods naturally decrease or are destroyed within specific time.
- If the lawful charges of the finder in  respect of the goods found amount to 2/3 of the value of good.

Duties:
i) To search the real owner of the goods found.
ii) Not to mix the found goods with other goods.
iii) To return the goods to the real owner after receiving the necessary expenses.
iv) To take care of good and not to make an unauthorized use of such goods.

Pledge or Pawn
Define pledge and write the right and duties of pawaner.
Pledge is a kind of bailment where the transfer of goods or bailment of goods are made as a security for the payment of debt, or performance of a promise. In such case, the person who gives goods as a security is called pledger or pawnor (bailor), and the person who receive the goods as a security is called ‘pledgee’ or ‘pawnee’  (bailee). The pledge is bound to return the pledged goods on the fulfillment of his debt or pledgor’s promise. Thus the contract, by which the possession of goods is transferred as a security is known as pledge.
For ex: X borrows Rs. 50000 from Y and keep his gold as a security for the payment of that loan.

Essentialities of pledge:
i) Delivery of goods.
ii) Delivery for security.
iii) Lawful purpose.
iv) Return of goods.
v) The goods must be long lasting.

Right and Duties of a pawner
Rights:
i) A pledgor has a right to enforce the following duties upon a pledge by a suit.
ii) for reasonable care of goods.
iii) for redemption of goods.
iv) to receive the goods with accretion.
v) To stop selling the goods by depositing dues.
vi) Right to get surplus after the sale of goods bailed by the pledge.
vii) Right to  return the goods after the full payment of dues.

Duties:
i) To compensate the extraordinary expenses incurred for necessary care of goods pledged.
ii) To receive the goods after the full payment as per contract.
iii) To pay the rest of the dues, if it is insufficient by the sale of the goods pledged.
iv) To dispose the facts or defects and goodness of the goods pledged.