TYPES OF BAILMENT


Section 148 of the contract Act 1872 defines “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 direction of the person delivering. The person delivering the goods is called the “bailor”. The person to whom they are delivered is called the “bailee”.

Illustration

  • Where X lends some ornaments to Y to be used in a marriage, the transaction is one of the bailment.
  • X gives cloth to Y, a tailor to make into a coat. Here X is the bailor and Y is the bailee.

Features or Essentials of Bailment


1. Delivery of Goods

It consists in the delivery of goods.


2. Moveable Property

There can be bailment of moveable property only. It involves change of possession. Mere custody without possession is not bailment.


3. Temporary Purpose

The delivery must be for some temporary purposes.
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4. Contract

The delivery is made upon a contract, express or implied.


5. Returnable

The goods must be returned to the owner or disposed of according to the directions of the bailor.


6. Object of Bailment

The bailment may be for safe custody or for use or for hire.


7. Alteration

If the goods bailed are in the mean time altered in shape, i.e. cloth made into jacket, still the contract is one of the bailment.


8. Already Possession of goods

If a person already in possession of the goods of another contracts to hold them as a bailee, and the owner becomes the bailor, of such goods although they may not have been delivered by way of bailment.


9. Redelivery of Goods

In some circumstances of the bailor may claim a redelivery of the goods deposited.

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The main types of bailment


1. Gratuitous Bailment

Where the bailee does not charge nay thing for the bailment it is called gratuitous bailment.


2. Bailment for Reward

When the bailor charges any thing for his services it is called bailment for rewards.


3. Bailment for Use

When the bailor delivers an article to the bailee for use by the later in any general or specific way, this is called a bailment for use.

Illustration

X delivers his watch to Y for the latter to use it for one month. Here bailment is bailment for used.

4. Bailment of safe custody

If valueable goods or even coins or notes in box are deposited for protection, it is called bailment for safe custody.

Illustration

X gives his watch to Y for the latter to keep it in safe custody for two months.

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5. Bailment for Mutual Benefit

When the bailor delivers his articles to another for repair or gives his goods to carrier for carriage, it is known as bailment for mutual benefit.

6. Bailment for Pledge

It is a contract whereby an article is deposited with a lender as security for the payment of a loan or performance of a promise.

7. Bailment for Finding of lost Goods

If a person already in possession of the lost goods of another, he thereby becomes the bailee and the owner becomes the bailor.

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