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Vidhi Dubey Bailment
Vidhi Dubey Bailment
MEMORIAL UNIVERSITY
NAME-VIDHI DUBEY
COURSE-BA(LLB)H
CAMPUS ID-2020103011040031
SUBJECT-LAW OF CONTRACT II
TOPIC-CONTRACT OF BAILMENT
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BAILMENT •
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• 'Bailment' is derived from a French •
word 'bailer' which means 'to deliver'.
• But in law it refers to the contract which •
results from delivery of goods . •
• In contract of bailment only possession is
passed on not the ownership. •
• There cannot be bailment of immovable •
property. •
•
Section 148 •• •
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" A bailment is 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 of according to the directions of the •
person delivering them. The person to whom
they are deli vered is called the bailee"
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KINDS OF BAILMENT •• •
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• On the basis of benefit - ••
•••••
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2. Exclusive for the benefit of bailer. ••
3. Exclusive for the benefit of bailee. ••
• On the basis of Reward - •
1. Gratuitous Bailment - Goods are delivered
by the bailer to the bailee without any •
reward. Lending a book to a friend for
reading. ( Exclusive benefit of either of the
party)
•
2. Non - Gratuitous bailment - Where
bailo •• ••
••••
& bailee is entitled to reward for ••
bailment. E.g. ••••
•
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A car given
Gold let outtofor hire,
goldsmith for making • •
•
• •
jewellery for charges.
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••• ••
DUTIES OF BAILEE ••••
•• •
1.To take reasonable care : as a prudent man••••
would take of his own goods . If any loss or•• •
damage incurs to the goods bailed inspite of•
the due care, he will not be liable for any
•
such loss or damage. The burden of proof • is
on the bailee to show that he was not
negligent. •
• The bailee is not answerable for any loss to
goods bailed, caused by an act of God,
Lightning, flood.
3. Not to mix the goods with his own goods : •••••
• ••
•• •
Mixing with bail or's consent . ••••
• Mixing without bailor's consent : •
• Where goods can be separated - Bailee is •••
liable to bear all the expenses of separation.
•
E.g. A bails 100 bales of cotton marked with a
particular mark to B. B, without A's consent
mixes the 100 bales with other bales of his
own bearing a different mark. A is entitled to
have his 100 bales returned & B is bound
to bear all the expenses for separation of
bales.
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THANK YOU