Unit 8 : Ballment and Pledge

sec 178 : Ballment means when goods are

Dovand to another
by Onc
person
and goods shall
for some
purpos
be Returned on
accomplishment of purpose
or disposed Direction Ballow
por
as
of .

Partic :

↳ Ballon
-
->
② Baile

The person to whomm

Person Delivering
are Delvard
goods
goods

Essential Element

④ contract -

Express / Implica
-

NO considuation is Nessary

② goods goods
Devery of :
Delivery of
one TO another
from person

v
movable
goods
·

/ Money
·

Immovabl

-
Actual
Delivery -
constructive
 ③ Purpose -

Implica / Express

④ Possession-

Possession is
changed ballow
from
O

to balle
O

ownership Is Not changed

⑤ Return
of goods

once time 's

Elapsed Or
purpose
is accomplished ball should RetWrR

the goodsL

Dutie Ballon
of

④ Ballous Duty to Disclose Fault in

goods Balld

-
.
.
-. VHOWR
E
known
gratous
>
- t Non
qualitious
FANI It UR Known
Ballment Ballment

② Damage
3 Bailee E
+
Extra ordinary
Extra Ordinary Damage
Damage
③
. premature
Duty to
Indemnify for
termination

Ballor must
compensate balle
for loss

due termination
suffered to
premature
that 18 Recvad
in Exce
of Benefit
whole he had given goods guatitously .

④ Ballor Responsibility towards Baile

X
--
Indemnify 10SS Duty of Ballon to
- -
Reuve Back goods
When back
Balle suffers
due to gives
Not Entitis To Ballment Incase Failed
① Ballon to

② Failed Instruction labic

for compensat
towards
safe-
custody
 Baile
Duty of

① To take Reasonably came

of goods

① As a Prudence
man
of Ordinary
would tak In same uncumstances

② Exception :

He taln Reasonably care

If has

then Balle is not labl

for any
lOSS

② Not to make inconsistent Use

of goods

Balla Many Inconsistent USC

T
-
6

/-
voldable contract
lab's for
Ballor
compensation
on
part of .
③ Not to mix goods

Ball MIXUS
If
--
with consent without consent

Both partic shall

- can cannot
have Respective goods be Divide
&
bl Divided
Int In
Respective - -
- -

Shall de
t
· Bound Baller is
Balle
Bound to
to Bear EXM
pay Damage
of seration

④ return of goods

It is
Duty Balle to Return goods
of
Deliver Ballous
Or goods as
pu Instruction

⑤ Return on accuation on
goods :

~
Balle Is Bound to
Return goods
and its
inemas to B allor .
⑥ Not to Setup Adverse Title
for Ballon .

Rights of Ballon .

① .
Right to terminate Ballment

voidable at
-
contract Is
option
Ballor wher baller make consistent
of
In

USL
of goods

② Right to Demand Back

goods

ballor
Incasc of guazitious Ballment
-

car Demanc at
any time
goods
ever
16 before Expire of perlod .

is
Incasc
of any lOSS which
-

baile which
suffered by is more
than Obtained true Ballow
Benefit
Is liable
③ Right to File suit
Against wrong doer :

-Ballor has
Right to see ball
for
all lablities and butts
of him and

Any does verongful Act

person who
any
=

④ .
Right to sue Balle

lablity / Dutib
of nin
-

③ Right to
compensation:

·
Incast When balll My goods with

That of other

Rights Baile
of

① .
Right to Delive goods to
any Onc

:
of Joint Ballor

unles contract to contrary s

baller COR
give good to any of
Bailor
② Right to Indemnity :

Ball has Right to claim any

10SS

Ballor out of
from ausing

a) Ballor not made Ballment

b) Recove back
goods
c) Fallic TO
give Direction

If ballon is not ownc

of goods and

balke Delves
goods Instruction
as
par
ballor the M not labl to
Of HC Is

Trul owner

③ Right to Claim
compensation incase

of Favity goods

Ballu Claim foes the

can
compensation
-

loss
sufford by him incase
of Favity
goods

In Non 4 Ballment
case
of he
-

can
g
was not
Claim compensation Even
If he

a ware .
 ④ Right to Claim Necessary

②
Gratitious B- N + Extra Ordinary
U

Non 4 . Ballment -
Extra Ordinary

③ .

Right to
Apply to count to

Dicial HHC

other claims on
If some person
-

there he to
goods Balled may apply
court to Dude HML

⑨ Right of Particular -
Kn

⑦ lien
Right of general

#Rights Ballor $ Bally

Against wrong
of
DOM

If any third person wrongfully,

Deprive
balle The balld
The
from using goods
dog there Baile is
or There Injury ·

Entitle to such Remedic wruch he may

as a owner
possue .
# Apportionment Of Ritef I compensation
Obtained suit
by

and Bally
Ballor
may apportion as
-

pas Respective Interest

Ballment
# Termination of

① Explacy stipulated Period :

on
of

If goods balld for specified toum then

It shall be terminated after Expliy of

Parod .

② on Fullfillment of Purpos :

once
purpose is Fullfilled then contract

of Ballment 1 terminated

③ By Notic :

① who Ball acts In consistent

ballow
with turms
of Ballment The can

Notice * terminate ballment

give

② In qualitions
case
of Ballment

Bailor can at any Time Terminate

 he will be
contract
of Ballment and

llabic towards Baile loss which

for any
and above Raved
Over
benefit .

④ By Death :

In 9 B contract gets terminated

easl
of
Death Ball or Ballow
on
of Eithe

④ Destruction of subject matter

contract gets terminated Incas subject

matter contract Destroyed
of Is

Finda
of lost goods

·
Duty to Find true owner

and Sunder goods

No
Right to For
Sue :
compensation
·

of trouble or Exp Voluntarily Incred

·
But he has Right To Retail goods
above
on
grounds
 Incasc Ruvara declared :
of
O
any
and Retain
see goods

#When Final
good can su them ?
of

--
lawful Chargy
Perushing Nature
= 2/ Value of
value
+ los-guatl part of goods

Right of lieM : It Is
Right of a person
to
Retain an other
goods belonging tO

until claim IS
satisfied

I
to
Particular In General
leM

Retain goods Right Retain

to
only particular
-

on which some sort

of goods not only for
labour is Demand
work and
ausing out
that
DORC
of goods
but on
general
-
such Reglet is available account Balance

until and uni PeMURMATION

16 Received
 Pe

Ballment
of goods as security for payment
of Debt or
promise -

Pledge

simmity
goods
-

D-age
Pledge
↓ E
G
Debt Paunce
--

Pawnar

Essentiall contract Pledge

of of

① Ballment for security against Dibt

② subject matter
-

goods

③ goods
-

Existence

⑦ Delvaly of goods
-

Pledgu >
-

Plegu
 / Paunu
Rights of Pledge :

① . Retain goods

-untill Debt
payment of OM
performance
and
of promis also Intrust and

Necessary Expenses

② Right to Retain
of any subsequent Debts :

>
contract goods
When So
specifies
-

,
case be Retain
for any subsequent
Debts other than
for Which
they were

Pledged

③ Pawne Right Extra Ordinary

foll
Expenses

He cannot Retain can

goods but sur
O

fore Extra Ordinary Expense

④ Pance's Right where

pawnor makes

Default
 If pawnor makes any Default on

payment of Debt or preformance of

promise then
Following rights can

bL Excusisea by Dawne

\-
Being a suit
sel goods

\-
sel purce c Debt SP > Debt
te
-
claim
Pay Excus to

Pawn or

#Rights of Pawnor Rights

=

of Ballon.

#Right
T o Redem (Sec 177)

If pawnor maky any Default in

payment
of Debt I promise then de may Redeem

goods at time before actual sak

any
but he must additional wheck
pay Expense
may have arism due to his Default
Pledge by Non ownes

① .

Pledge by Mucantile Agent :

Mercantile Agent possmion

·
who is in

of goods with consent

of ownc

them ordinary
·
can
Pledge 16 It is In

course Busine
of

·
It shall be valed as if it is

made by ownce
of goods

② Pledge by Person -
under voidably
contract

obtalus
If any person possmion In
-

voldable contract [CUFM)

And
before contract is avoided
-

Paunce tit
-

gets good case

of
good Pledged

provided Pawnu acted in

good
Faith
③ Plidge whole pawnor has only limited
Intrust

> wame
person pledge goods in which
-

he has "mitic Interest-pawnor

Is not absoute ownc Pledge is
·
valid up to that Intrust

④ pledge by coownc in
possission
If any coonnc is In
possission of goods
With permission of other coownc then
he and
can plidge goods Pledge got good
Tit

⑤ Pledge by sec or Buyc in

possission
where
any buycy who is
possoion
-

In

of goods ba
property pane tO him can

Pledge goods

sold has
where sca who goods
-

that
possusion of goods can Pledge
them

In he gets good titl

-

both easy