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Documente Profesional
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Special Contracts are called as such because one or the other elements of a
contract are missing and yet it is a valid contract. For example in the case of an
agency contract it is not necessary for consideration to be there. Similarly when we
leave our car with our neighbor while on vacation no doubt he is contractually
bound to return the car and take good care of the car even if there is no
consideration. Special Contracts are Bailment/Indemnity/Pledge/Surety and
Agency.
DUTIES DUTIES
To disclose faults in the goods To take care of the goods bailed
Liability for breach of warranty as to Not to make unauthorised use of
title. goods
To bear expenses in case of Not to mix bailor's goods with his own
Gratuitous bailments To return the goods bailed
In case of non-gratuitous bailments, To return any accretion to the goods
the bailor is held responsible to bear bailed
only extra-ordinary expenses.
RIGHTS
RIGHTS The bailee can sue bailor for
The bailor can enforce by suit all •claiming compensation for damage
duties or liabilities of the bailee. resulting from non-disdosure of faults
in the goods;
In case of gratuitous bailment (i.e.,
bailment without reward), the bailor •for breach of warranty as to title and
can demand their return whenever the damage resulting therefrom; and
he pleases, even though he lent it for •for extraordinary expenses incurred
a specified time or purpose. •The bailee has lien over the goods
which means he can retain the goods
till he gets paid.
1
See page ___ for agency contracts.
RIGHTS OF INDEMNIFIED (THE INDEMNITY HOLDER)
a) All the damages which may be compelled to pay in any suit in respect of any
matter to which the promise to indemnify applies
b) All costs of suit which he may have to pay to such third party provided in
bringing or defending the suit (i) he acted under the authority of the indemnifier
or (ii) he did not act in contravention of the orders of the indemnifier and in
such a such as a prudent man would act in his own case.
c) All sums which he may have paid under the terms of any compromise of any
such suit, if the compromise was not contrary to the orders of the indemnifier,
and was one which it would have been prudent for the promisee to make.
RIGHTS OF INDEMNIFIER
The Contract Act makes no mention of the rights of the indemnifier. It has been
held in Jaswant Singh Vs. Section of State 14 Bom 299 that the indemnifier
becomes entitled to the benefit of all the securities, which the creditor has
against the principal debtor whether he was aware of them, or not.
Kinds of guarantee
PLEDGE
• The rights and duties of the Pledgee (pawnee) are shown below.
RIGHTS DUTIES
An agent is defined as a "person employed to The person for whom or on whose behalf
do any act for another or to represent another he acts is called the Principal. The function
in dealings with third person". In other words, of an agent is to bring about contractual
an agent is a person who acts in place of relations between the principal and third
another. parties.