DUTIES & RIGHTS OF BAILOR AND BAILEEINTRODUCTION Bailment is a concept of common law. Under Common law, bailment is the process of placing personal property or goods in the temporary custody or control of another. For a valid bailment, it is necessary that bailee must have actual physical control of the property with the intent to possess it. The bailee is generally not entitled to the use of the property during his possession. A bailor can demand for return of the property at any time. DEFINITION OF BAILMENT According to Contract Act, bailment means delivery of goods by one person to another for some purpose upon a contract that they these goods shall be returned or disposed of according to the directions of the person delivering them when the purpose will be accomplished. BAILMENT EXPLANATION Under Contract Act, bailment is considered a contract. Such contract is consisted of following essentials. i. Delivery of Goods For a valid bailment, it is essential that goods should be delivered from one person to another person. It means that possession of goods should be changed. ii. Delivery for Some Purpose It is necessary for a valid bailment that goods should be delivered for some purpose. iii. Return or disposing of Goods For a valid bailment, it is also essential that goods should be returned or disposed off according to directions of bailor when purpose is accomplished. 1 which bailee bears because bailor was not entitled to give directions. ii. 2 . which are being bailed. Repayment of expenses It is liability of bailor to repay all those expenses. which the bailee bears in the following situations.DEFINITION OF BAILOR In bailment. DUTIES AND LIABILITIES OF BAILOR Following are duties and liabilities of bailor. c. i. Bailor’s Responsibility to Bailee Bailor is liable to bailee for any loss. who delivers goods. No right to give Directions Bailor is responsible to bailee for any loss. iii. which are present in goods. No right to make bailment Bailor is responsible to bailee for any loss. a. is call bailor. which bailee bears because bailor was not entitled to make bailment. the person. Disclosing of defects of goods bailed It is duty of bailor to disclose any defects. No Right to get back bailed goods Bailor is responsible to bailee for any loss. which bailee bears because bailor was not entitled to get back bailed goods. b. which bailee spends for purpose of bailment. b. DUTIES AND LIABILITIES OF BAILEE Following are duties and liabilities of bailee.DEFINITION OF BAILEE In bailment. which is caused from such mixture. iii. Care In all cases of bailment. When goods can be Separated? Out of mixed goods. bailee will be under obligation to bear all expense of separation or division. Mixing of Bailed goods with Bailee’s goods If bailee mixes bailed goods with his own goods without consent of bailor. which is caused to the goods during such use. Unauthorized use of Bailed Goods If bailee makes any use of goods bailed and such use in not according to conditions of bailment. When goods cannot be Separated? Out of mixed goods. a. he is liable to make compensation to bailor for any damage. 3 . bailee will be under obligation to compensate the bailor for such loss of bailed goods. ii. and any damage. his liability arises in the following two cases. if bailed goods cannot be separated or divided. the person to whom goods are delivered is called bailee. bailee is bound to take care of bailed goods in the same manner in which a man of ordinary prudence takes care of his own goods of the same quality and value. if bailed goods can be separated or divided. i. bailer has the right to claim compensation. if bailee comes across any suffering. Non-return of Bailed Goods If bailee fails to return bailed goods at proper time. by doing so. v. If bailee does not take care and destruction of goods takes place. Increase or Profit from bailed goods In absence of any contrary contract or according to directions of bailor. bailee is also under obligation to deliver to bailor any increase or profit. bailer can claim compensation. In case where bailee has mixed the goods and they are of sufferable nature. 2. 4 . Bailer has right to repudiate the Contract of bailment whenever he wants but. If bailee uses the goods for un-authorized purposes. RIGHTS OF BAILER 1. 4.iv. Bailer has right to claim not only delivered goods but also accruals on goods if any. bailer has right to claim compensation. 5. bailer has to compensate. 7. bailer can claim cost of separation from bailee. it is his liability to compensate bailor for any destruction or loss from this time. vi. 6. Bailer has the right to claim return of goods. 3. Return of Bailed goods It is duty of bailee to return bailed goods to bailor without any demand an according to directions of bailor on expiration of time or accomplishment of purpose. which may have accrued from bailed goods. In case where the goods are of insufferable nature. Bailee has right of indemnity. If it is Gratuitous bailment. 7. bailer can make bailee answerable.com/2012/04/rights-and-duties-of-bailer. Bailee has right to claim contribution for expenses. CONCLUSION To conclude. bailee can make bailer answerable with regard to known faults only. However. In case where bailer has given goods with defective title and bailee. such temporary custody originates very strong duties and liabilities for both the bailor and bailee.lawsofbusiness. In times of need Bailee has right to approach Court of law. comes across suffering. In case of Non-gratuitous bailment bailee can make bailer answerable to known as well as un-known faults. It is only particular lien.html 5 . bailee can claim only extraordinary expenses. 4. for making involvement in bailment Contract.blogspot.RIGHTS OF BAILEE 1.in/2015/12/bailment-rights-and-duties-of-bailor.com/2012/04/rights-and-duties-of-bailee. then such bailee has right to get compensated by defective titled bailer. REFERENCES http://www. it can be stated that bailment is the process of placing personal property or goods in the temporary custody or control of another. If it is gratuitous bailment. bailee can claim both ordinary and ordinary expenses. Bailee has right to claim compensation for injuries arising out of faults present in goods. 5.lawsofbusiness. Bailee can return the goods to any one of the joint owners.html http://thelawstudy. therefore. That means he can exercise right of lien against those goods only on which amount is due. 6. But not to un-known faults. Bailee has right of lien.html http://www. 2. But in case of Non-Gratuitous bailment. 3. 6 .