Beruflich Dokumente
Kultur Dokumente
I hereby acknowledge the help and support of the teachers, who helped me in compiling this
project. I thank the faculty and management of Manipal University Jaipur, School of Law, as
the resources that were necessary to complete the project were provided by them.
I am highly indebted to my teacher Ms Sunita Singh Khatana for her guidance and constant
supervision as well as for providing necessary knowledge regarding the subject at hand and
also for her support in completing the project.
I would like to express my gratitude towards my parents and friends for their kind
cooperation and encouragement which help me in completion of this project.
This is to certify that Mr. Anshul ranjan srivastava, student of B.A. LL.B. (hons.) semester 2,
School of Law Manipal University Jaipur has completed the project work entitled Study on
Law relating to the duties of Bailee under my supervision and guidance.
It is further certified that the candidate has made sincere efforts for the completion of this
project.
_____________________
Ms Sunita Singh Khatana
Table of Contents
ACKNOWLEDGEMENT...........................................................................................................................2
CERTIFICATE...........................................................................................................................................3
INTRODUCTION.....................................................................................................................................5
Duties/Responsibilities of a Bailee.........................................................................................................6
BIBLIOGRAPHY.......................................................................................................................................9
WEBLIOGRAPHY....................................................................................................................................9
INTRODUCTION
Bailment is a kind of activity in which the property of one person temporarily goes into the
possession of another. The ownership of the property remains with the giver, while only the
possession goes to another. Several situations in day to day life such as giving a vehicle for
repair, or parking a scooter in a parking lot, giving a cloth to a tailor for stitching, are
examples of bailment. Section 148 of Indian Contract Act 1872, defines bailment as follows
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Section 148 - 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. The person delivering
the goods is called the bailor and the person to whom they are delivered is called the bailee.
Explanation - If a person is already in possession of the goods of another contracts to hold
them as a baliee, he thereby becomes the bailee and the bailor becomes the bailor of such
goods although they may not have been delivered by way of bailment.
Duties/Responsibilities of a Bailee
In Blount vs War Office 1953, a house belonging to the plaintiff was requisitioned by the
War Office. He was allowed to keep his certain articles in a room of the house, which he
locked. The troops who occupied the house were not well controlled and broke into the room
causing damage and theft of the articles. It was held that War office did not take care of the
house as an owner would and held the War Office liable for the loss.
Bailee, when not liable for loss etc. for thing bailed -
As per section 152, in absence of a special contract, the bailee is not responsible for loss,
destruction, or deterioration of the thing bailed, if he has taken the amount of care as
described in section 151. This means that if the bailee has taken as much care of the goods as
any owner of ordinary prudence would take of his goods, then the bailee will not be liable for
the loss, destruction, or deterioration of the goods. No fixed rule regarding how much care is
sufficient can be laid down and the nature, quality, and bulk of goods will be taken into
consideration to find out if proper care was taken or not. In Gopal Singh vs Punjab National
Bank, AIR 1976, Delhi HC held that on the account of partition of the country, when a bank
had to flee along with mass exodus from Pakistan to India, the bank was not liable for the
goods bailed to it in Pakistan.
If the bailee has taken sufficient care in the security of the goods, then he will not be liable if
they are stolen. However, negligence in security, for example leaving a bicycle unlocked on
the street, would cause the bailee to be liable. In Join & Son vs Comeron 1922, the plaintiff
stayed in a hotel and kept his belonging in his room, which were stolen. The hotel was held
liable because they did not take care of its security as an owner would.
If loss is caused due to the servant of the bailee, the bailee would be liable if the servant's act
is within the scope of his employment.
Thus, we can see that bailee is supposed to use the goods only as per the purpose of the
bailment. If the bailee makes any unauthorized use of the goods, he will be held absolutely
liable for any damages.
If the bailee keeps the goods after the expiry of the time for which they were bailed or after
the purpose for which they were bailed has been accomplished, it will be at bailee's risk and
he will be responsible for any loss or damage to the goods arising howsoever.
In Shaw & Co vs Symmons & Sons 1971, the plaintiff gave certain books to the defendant
to be bound. The defendant bound them but did not return them within reasonable time.
Subsequently, the books were burnt in an accidental file. The defendants were held liable for
the loss of books.
If there is true owner of the goods, he can apply to the court to stop the delivery of the goods
from the bailee to the bailor. This right is given to the true owner in section 167.