A ‘Bailment’ is the delivery of goods goods by one person to another for some purpose. When the purpose is accomplished, the goods are to be returned or otherwise disposed off acc according ording to the direction of the person delivering them. The delivering the goods is called the ‘bailor’ The person to whom they are delivered delivered is called cal led the ‘bailee’
Meaning of Bailment
When one person delivers to another, certain goods to be used for a certain purpose, the contract is known as a contract of bailment. Here, the contract will specify the time fo0r which the goods will remain with the person taking them. Also, the person who gives the goods can direct the other either return the goods after the requisite time has expired or, direct him to disposed off the goods in a particular manner.
Bailor bound to disclose bailee.
The bailor has to disclose the bailee faults in the goods bailed.
a) A. of which the bailor is aware. b) B. And which materially interfere with the use of
them. c) C. of expose the bailee to extraordinary risk. And if he does not make such disclose, he is responsible for damage arising to the bailee directly from such faults. If the goods are bailed for hire, the bailor is responsible for any damage whether he was aware of the existence of such faults in the goods bailed or not.
Bailee to take care of goods
In all cases of bailment, the bailee is bound to take care of goods bailed to him as he would do for his own goods. The bailee (in absence of any special contract) is not responsible for the loss, destruction or deterioration of the thing bailed if he takes such care. On the other hand, if the bailee, if the bailee does anything different or inconsistent with what was supposed to be done with goods, the bailor can demand that the bailee must pay the damage suffered as a result of these acts.
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A contract of Bailment is voidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of bailment. If the bailee makes any such use of goods bailed, which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during the such use of them.
Effects of mixing of gods & expenses
If the bailee (with the consent of the bailor), mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to the their respective shares, in the mixture thus produced. If the bailee, without the consent of the bailor, mixes the goods of the bailor with his won goods and the goods can be separated or divided, the property in the goods remain with parties respectively. The bailee is bound to bear the expense of separation or division and any damage arising from the mixture.
Duties of Bailee with regard to goods
It is the duty of the bailee to return the goods bailed as soon as the time for which they were bailed has been expired or the purpose for which they were bailed has been accomplished. The bailee is responsible to the bailor for any loss, destruction or deterioration of the goods if the goods are not returned on time. In the absence of of any contract to the contrary, the bailee is bound to deliver to the bailor any increase or profit which may have arisen from the goods bailed.
Rights of Bailee with regard to goods
The bailor is responsible for the bailee for any loss which the bailee may sustain because of the reason that the baiolor was not entitled to make the bailment or to receive back the goods. If the bailor has not title to the goods and the bailee, in good faith delivers them to the bailor or according to the directions of bailor , the bailee is not responsible to the owner in respect of such delivery.
