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Definitions
Bailment comes from the French verb bailer which means to deliver. For ex.
Handing over of cloth to a tailor for stitching it into a shirt. Lending a novel to a friend assuming that he will return it.
Bailment defined(S. 148) A bailment is the delivery of goods by one person to another for some purpose, upon a contract that the goods shall, when the purpose is accomplished, be returned or otherwise disposed off according to the directions of the person delivering them.
Requisites of Bailment
Contract
The delivery of goods is upon a contract that, when the purpose is accomplished they shall be returned. Exception: The finder of goods. (Sec 168)
Requisites of Bailment
Change of possession
Mere custody without possession does not create a bailor and a bailee. Ex: Servant in possession of masters goods., cannot be called a bailee.
Verdict
There was a re-delivery of jewels every evening. So the jewels were not in the possession of the jeweller and hence he was not liable.
specified time or purpose, the borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan, the lender must, if he compels the return, indemnify the borrower for the amount in which the loss so occasioned exceeds the benefit so derived. (S. 159) A gratuitous bailment is terminated by the death of either the bailor or the bailee. (S. 162)
Bailees Rights
Particular lien (S. 170) Illustration: A delivers rough diamond to B, a jeweller, to be cut and polished, which is accordingly done. B is entitled to retain the stone till he is paid for the services he has rendered. Right against wrongful deprivation of or injury to goods (Ss. 180 181)
Bailees Liabilities
Care to be taken by the bailee (Ss. 150 & 152) Liability of a bailee who makes unauthorized use of goods (S. 154) Illustration: A gives a horse to B for his own riding but B gives it to a member of his family C. C rides with care but the horse is injured. B is liable for compensation.
Bailees Liabilities
Duty of bailee to return the bailed goods (Ss. 160 & 161) Bailees duty to deliver increase or profit from the bailed goods to the bailor (S. 163) Illustration: A leaves a cow in the custody of B to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to A. Bailee not responsible for re-delivery to a bailor having no title to the goods (Ss. 166 & 167)
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Requisites of Bailments
Contract
The delivery of goods is upon a contract that, when the purpose is accomplished they shall be returned. Exception: The finder of goods. (Sec 168)