Question

A without B's authority let outs flat to C. Afterwards; B accepts rent of the flat from C. It is an agency by
(A) Holding out
(B) Estoppel
(C) Ratification
(D) Necessity
The delivery of goods by one person to another as security for the payment of a debt is called:​

Answer 1

Answer:

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Contract of Bailment And Contract of Pledge for CLAT

Contract of Bailment and Contract of Pledge

Section 124 to Section 238 of the Indian Contract Act 1872 lay down the provision concerning the special contracts. In this article, we will be dealing with the Contract of Bailment and Contract of Pledge.

There are following special contracts in the Act:

Contract of Guarantee

Contract of Indemnity

Contract of Bailment

Contract of PledgeTo read briefly about Contract of Guarantee and Contract of Pledge, click here.

Contract of Bailment

The Indian Contract Act 1872 defines bailment in section 148 as ‘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.’ There are two parties involved i.e. Bailor and Bailee. The person who is delivering the goods is called Bailor and the person to whom the goods are delivered i.e. receiver is the bailee. It is a prerequisite that such delivery must be made for a specific purpose and the good must be given back after the purpose is achieved. It is the responsibility of the bailor to disclose the defect in the goods and Bailee is expected to take care of the goods bailed.

Answer 2

C) Ratification

• A without B's authority rents outs the flat to C. Afterwards; B accepts rent of the flat from C. It is an agency by Ratification.
• In this question, a case study has been given where A and B are partners and own a flat that has to be leased out for rent.
• There's a situation where A rents out the flat to C without informing or seeking permission from B. And then, later on, accepts the rent without getting the same knowledge as B. This is called Ratification.
• Where a person without having the authority, indicates or takes up the role of going about as an agent, or even if a properly authorized person or specialist acts past his/her authority like in this case A had to inform B before renting out or accepting the payment, the concerned principal might choose to ratify or violate it.

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