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Bailor meaning in Hindi बैलोर मतलब हिंदी में Translation

transfer of possession

This means there should be a contract between two parties for transaction of delivery and subsequent return. If there is no possession of goods obtained by someone other than contract, there should be no bailment. Similarly, hiring and storing goods in a bank locker by itself is not bailment thought there is the delivery of goods to the bank premises. A bank cannot be presumed to know what goods are stored in any given locker at all times. If a bank is given actual and exclusive possession of the property inside a locker by the person who hired the locker, only then bailment under Section 148 can be assumed. Deposition of money in a bank is not bailment as money is not ‘goods or property’ and it cannot be returned to the client.


If, by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time. It is the duty of the bailee to return, or deliver according to the bailor’s directions, the goods bailed, without demand, as soon as for which they were bailed has expired, or the purpose for which they were bailed has been accomplished. The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in Section 151.

Obligations of a Bailee

A bailment is ended when its purpose has been achieved when the parties agree that it is terminated, or when the bailed property is destroyed. A bailment created for an indefinite period is terminable at will by either party, as long as the other party receives due notice of the intended termination. Once a bailment ends, the bailee must return the property to the bailor or possibly be liable for conversion. A contract of bailment which involves some consideration passing between bailor and bailee is called a non-gratuitous bailment. For example, if your friend hired a cycle from a cycle shop or you borrowed a book from a bookshop on hire, this would be a case of non-gratuitous bailment.

In case of bailment, the possession of the goods must be transferred for some purpose. Transfer of physical possession of goods from one person to another. Here, the bailor hands over the physical possession of the goods to the bailee.

But the currencies that are no longer legal tender and are the objects of curiosity of antiques, can be bailed. The delivery of commodities to a neighbor for safe custody, with pout charge. Delivery of the commodities from bailor to the bailee must be for some purpose. The notion of bailment entails transferring things to another for a specified purpose, whereas the concept of pledge entails transferring assets to another for the purpose of keeping them as a security for debt repayment. The bailor has the right to increase or benefit from the commodities bailed, according to this provision. In the absence of a contract to the contrary, the bailee is obligated to deliver any increase or profit that may have accrued from the commodities bailed to the bailor, or according to his directives.

Bailment consists of the delivery of goods, i.e., movable property, by one person, who is generally the owner thereof, to another person for some purpose. The goods are to be returned to their owner after the purpose is accomplished, or they are to be disposed of according to the directions of the person delivering them. For example, when you take a fan on hire, or give your suit for dry-cleaning, or give a watch for repairs, or give a parcel to a carrier for being transported to some place, there is bailment in each case.

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If the proceeds exceed the required amount, the Pawnee may return the excess funds to the pawnor. After the purpose for which the commodities were bailed has been fulfilled, the bailee must return the goods to the bailor. The method and manner of return will be determined by the contract or the wishes of the bailor. The term Contract Of Bailment and Pledge is used in law in its technical definition, which denotes a change in custody of goods, i.e., one person transfers the goods to another.

  • Gratuitous bailment is one where no consideration passes between the bailor and the bailee.
  • ‘Bailor,’ according to this section, is the person who delivers the products.
  • Two unique contracts that are frequently mixed up are bailment and pledge.
  • Vakilsearch is India’s largest provider of legal, secretarial, accounting, and compliance services.

One of the requirements of bailor definition is the delivery of goods to the bailee. Delivery of possession to the bailee is ‘sine qua non’ of bailment. In order to constitute a bailment change of possession is necessary. And the contract between the bailor and bailee is called the contract of bailment.

Bailment May Be Classified On Two Bases I.E., Reward And Benefit.

The person to whom the goods are delivered are called bailee. It does not matter whether the goods are gratuitously or non-gratuitously bailed, the bailor has a duty to disclose all the known faults about that good that is being bailed to the bailee. Failing to do so would make the bailor liable to indemnify the bailee for all the damages caused to him directly from this fault. However, it is important to note that in the case of non-gratuitous bailment, the bailor is responsible even for those faults from which he/she is not aware. The bailee must return or deliver the goods according to the Bailor’s directions without demand, after the accomplishment of purpose or after the expiry of the period of bailment. If he fails to do so, he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time.

In the context of Law of bailment, the customer is the bailor and the bank is the bailee. The law of bailment is defined under Sec. 148 of the Indian Contract Act. The person who delivers the good is known as the bailor and the person to whom the goods are delivered is known as the bailee. Thus, the safe custody of the goods by the bailee becomes an important point of discussion under the law of bailment. There are five important duties of a bailor as we have discussed above. A contract of bailment may be terminated by an act of parties or by operation of Law.

And negligence to do the equivalent will give rise to the bailor accountable for injuries. Bailee is obligated to deliver the same wares back and not any other goods. Bailmentshould only be performed for transferable wares and not for non-transferable wares. Vakilsearch is India’s largest provider of legal, secretarial, accounting, and compliance services. We have successfully worked with over 5 lakh customers, and have now registered over 10% of all the companies registered in India. As soon as the things are discovered, make certain that they are transferred to their rightful owner.

Deposition of money in a bank is not bailment as money is not ‘goods’ and the same money is not returned to the client. But the coins and notes that are no longer legal tender and are more or less just objects of curiosity, then they can be bailed. Section 150 specifies the duties for both kinds of bailor. It says that the bailor is bound to disclose any faults in the goods bailed that the bailor is aware of, and which materially interfere with the use of them or which expose the bailee to extraordinary risk. This means that if there is a fault with the goods which may cause harm to the bailee, the bailor must tell it to the bailee. • For example, if a person bails his scooter to his friend and if the person knows that the brakes are loose, then he must tell this to the friend.

Pledge is like a bailment and it also involves the delivery of goods from the pawnor to Pawnee. Delivery of goods also results in delivery of possession. For example, Delivery includes transferring of a document to the bank for taking a loan. Lien is basically a right in one person to retain the property which is in his possession, belonging to another, until certain demands are satisfied. It includes those things where the bailee, in accordance with the purpose of bailment, rendered any service involving the exercise of labor or skill in respect of the goods bailed.

The contract cannot be enforced in a court of law unless these fundamental features are present. A bailment contract, on the other hand, can be valid without consideration. Certain gold ornaments were pledged with a bank as a security for a gold loan. His wife sought to redeem the pledge by repaying the loan. She produced a ‘will’ of her husband to show her right. The bank could not ask her for submitting a probate of the will or a succession certificate.

Bailment: Definition, How It Works, Types, and When It Ends – Investopedia

Bailment: Definition, How It Works, Types, and When It Ends.

Posted: Fri, 24 Mar 2017 16:38:51 GMT [source]

A lady took her old jewels to a goldsmith for being melted and converted into new jewels. Every evening she used to receive the half-made jewels, put the same into a box and lock the same. She allowed the locked box to remain on the premises of the goldsmith but kept the key in her possession. It was held that there was no bailment as she had not handed over the possession of the jewels to the goldsmith, and, therefore, the goldsmith could not be made liable for the loss.

Indemnify the bailee when he suffers due to the title of bailor to the goods being defective

The Bailee has the right to claim reimbursement of all the necessary expenses that he has already incurred for bailment. In a contract of Bailment, there must be an agreement between the Bailor and the Bailee. However, the agreement may be expressed (i.e. oral or in writing) or implied (i.e. inferred from the circumstances). Return of the goods after the purpose is achieved, or their disposal according to the bailor’s directions.

The bailer, by suit, can enforce all the liabilities or duties of the bailee. Section 155, if mixed with the consent of the bailor, both of them will have a proportionate interest in the mixture produced. Short-sellers use a bailment mechanism for borrowing shares in order to sell them. For bailment creation, a bailee must intend to possess, as well as possess the bailable chattel physically.

While every pledge is a bailment, not every bailment is a pledge. Delivering goods from one person to another for a specific purpose is referred to as bailment. While a pledge is the delivery of goods for fulfilment of a promise or security for the payment of a debt. Bailment is a common-law arrangement that we can see in our day-to-day lives. For example – A gives his refrigerator for repair to B.

joint owners

In all cases of bailment, the bailee is required to take as much as care of the things bailed to him as a prudent man would take off his own goods of like size, quality, and worth in similar circumstances. If the bailee’s care falls short of this standard, he will be held accountable for the goods’ loss or damage, but not otherwise. A short-term contract in which the goods are transferred from one party to another for a specific cause which is express or inferred. The individual delivering the moveable property is known as the bailor, and the one receiving them is known as the bailee. In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed. The lender of a thing for use may at any time require its return, if the loan was gratuitous, even though he lent it for a specified time or purpose.

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