Presented By:- Ashwani Kr. Shaw B.

Com (H)

Section 148

Acc. to ICA,A bailment is the delivery of goods by one person to another for some purpose, upon a contract they shall, when the purpose is accomplished, be returned or other wise dispose of according to the directions of the person delivering them.

Bailment

Rakshit (Bailor)

Car (Good) To Repair (Specific Purpose) Car (Good)

Johny (Bailee)

There two parties in a bailment contract, one is bailor and the other the bailee. is the person who delivers the goods and Bailee is the person to whom the goods are delivered. Thus bailment is only the change of possession and not the transfer of ownership.

Bailor

Bailment is based contract between bailor & bailee.

Contract

:-

upon

possession.

Delivery of Goods :- It involves change of Specific Purpose :- There must be some specific
Return of Goods :- After the accomplishment of

purpose for the delivery of goods.

the purpose the goods should be returned to the bailor.

To disclose the Faults in the Goods Bailed. Repay necessary Expenses. To indemnify the Bailee.

To receive back the Goods.

To take reasonable care of the Goods Bailed. Not to make unauthorized use of Goods Bailed. Not to mix the Goods Bailed with his own Goods. To return the Goods Bailed.

Right to Sue. Right to Terminate the Bailment. Right to Demand Return of Goods.

He is entitled to Claim Damages.

Right to claim all damages and necessary expenses made by the bailee.

In case of several joint bailors, the bailee can deliver the goods back to one of them without the consent of all.

A person who finds goods belonging to another and takes them into his custody is called a finder of the lost goods.

He must take reasonable care of the goods found.

He must not mix up the goods with his own goods. He should not use the goods found for his own purpose. He must try to find out the true owner of the goods. If he fails, he will be liable as a thief.

The finder has the right to withhold the goods till the true owner is not found. In case the owner has offered any specific reward for the return of goods, the finder may sue for such reward and he may retain the goods until such reward is paid.

Acc. to Section 169 of the act, the finder of goods may sell if :

i) The owner cannot, with diligence be found ii) He refuses, upon demand, to pay the lawful charges of the finder

iii) The thing is in danger of perishing or of losing the greater part of its value or
iv) The lawful charges of the finder amounts to Two- Third of its value.