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Thread: What is contract of bailment when and how can it be revoked

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    Word Icon 35px Jpg.ashx What is contract of bailment when and how can it be revoked

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    Revocation of contract of bailment
    Q. What is contract of bailment when and how can it be revoked. Discuss fully. (2000)
    1. Introduction:
    Bailment means a legal relation that arises whenever one person delivers possession of personal property to another under an agreement by which the latter is under an obligation to return the property to former.
    2. Meaning:
    The term bailment is derived from a French won ‘bailor’ which means to deliver.
    3. Definition:
    According contract act Sec. 148:
    “A bailment is the delivery of goods by one person another for some purpose, upon a contract that, they shall when the purpose is accomplished be returned or other wise disposed of according to directions of the person deliver them.
    4. Parties to the contract or bailment:
    There are two parties involving the contract bailment.
    (I)Bailor:
    The person who delivers the good is called bailer.
    (II) Bailee:
    The person to whom the goods are delivered is called bailee.
    Essentials of contract of bailment:
    Following are important essential of bailment.
    (I) Agreement:
    There is an agreement for delivery of goods.
    (II) Moveable property:
    The property must be moveable:
    (III) Specific purpose:
    There is some specific purpose for which the property is delivered.
    (IV) Change of possession:
    The possession of property is changed from one person to another person.
    (V) Parties:
    There are two parties to the contract of bailment.
    (VI) Ownership is not changed:
    Ownership of the property is not changed.
    (VII) Returnable:
    The goods must be return able to owner.
    5. Kinds of bailment
    (i) According to benefit:
    (a) For the benefit of bailor:
    Where goods are delivered for safe custody a neighbour, relative or friend without any compensation to be paid.
    (b) For the benefit of bailee:
    Where goods are delivered to the bailee to be used by him without any compensation to be charged from him.
    ( c) For the benefit of bailor and bailee:
    Where the goods are delivered for the benefit of both the bailor and bailee.
    (II) According to reward:
    (a) Bailment without reward:
    It is bailment in which neither the bailor nor the bailee entitled remuneration.
    (b) Bailment for reward:
    It is a bailment where the bailor or bailee is entitled for remuneration. It is also called non-gratutious bailment.
    6. Termination of bailment:
    Contract of bailment is terminated on the following circumstances:
    (I) Expiry of time:
    Bailment is terminated on the expiry of specified time.
    (II) Accomplishment of purpose:
    If bailment is for a specific purpose, the bailment terminates as soon as the bailment terminates.
    (III) Unauthorized use:
    If baliee make unauthorized use of the goods delivered no him, the bailment terminate.
    (IV) Death of elther party:
    A gratuitous bailment is terminated on the death of either party.
    (V) Termination by bailor:
    Bailment can be terminated by the bailor at any time before the time.
    (VI) Destruction of subject matter:
    Bailment is terminated if the subject matter is destroyed.
    7. Conclusion:
    To conclusion it can be said that, a bailment is a voluntary transfer of the possession of goods by the owner to another person under a contract. The contract of bailment can be terminated under some circumstances.


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