As a lawyer on what characteristics you would say that a contract is general or contract of bailment
Answers
Answer:
Explanation:
Bailment
Definition: In basic terms, bailment implies the “change in possession” or “to hand over”. As per Contract Act, bailment can be understood as the transaction wherein delivery of any item by an individual (bailor) to another individual (bailee) takes place with a specific objective, under a contract.
The contract states that the item has to be returned by the bailee to the bailor or disposed of in the manner specified by the bailor when the objective is attained.
Characteristics of Bailment
The essential characteristics of bailment are given as under:characteristics-of-bailment
Contract: There must be a contract between the party who delivers the goods i.e. bailor and the party which receives the goods, i.e. bailee, no matter if it is express or implied.
Delivery of Goods: Goods must be delivered by one party to another.
Change in possession: Only the possession and custody of good changes, and not the ownership. Meaning that the bailor remains the owner of the delivered item. Further, the change in possession takes place either by actual delivery or by any act, which results in the change in possession of the goods, from bailor to bailee.
Movable items: Bailment applies to movable items only, and not to immovable items or money.
Return: The bailee must return the item to the bailor. The bailee cannot deliver any other item to the bailor in place of the actual item, even if the other item is of high value.
The delivery of goods in case of bailment is done voluntarily, for a specific purpose for short term only which may be safekeeping or temporarily using it, on the agreement that the item delivered is to be returned in its original or altered form to the bailor when the objective for which it is transferred is over.
Here the bailee is responsible for taking reasonable care of the goods. Further, both actual delivery and constructive delivery are included in it.
Examples
John delivered his Activa to Michael, who is the owner of the registered service centre, for servicing of his Activa. As it contains all the essential elements it is a contract of bailment.
Shane lends his laptop to his friend Paul, to use it without taking any charges. This is a contract of bailment for the benefit of bailee only.
Duties of Bailor
Bailor should inform about the faults or defects in the goods delivered to the bailee.
Bailor has to pay for all the extra-ordinary expenses in the contract.
Bailor has to indemnify the bailee for any loss if the contract is terminated before time in case of gratuitous bailment.
Bailor has to take back goods when the specified purpose for which the goods are delivered is accomplished.
When the bailor’s title is defective, and bailee suffers a loss, then the bailor has to make good the loss caused to the bailee.
Rights of the Bailor
To enforce the bailor’s duties and claim damages.
To terminate the contract
To claim accretion to the goods
To demand the goods back.