Beruflich Dokumente
Kultur Dokumente
and Guarantee
Contracts of Indemnity
Contract of Indemnity Sec. 124
A contract by which one party promises to save
the other from loss caused to him by the conduct
of the Promisor himself, or by the conduct of any
other person, is called a contract of
indemnity.
Illustration 1 :
Mr. Yasir purchased demand draft of Rs 50,000
from a bank. The draft was lost in transit. Mr. Yasir
requested the concerned branch to issue a
duplicate demand draft. He had to furnish an
indemnity bond- stating therein that in case of
any claim on the bank, the indemnifier shall be
liable to make good any loss suffered by the bank
(Indemnity holder/ Indemnified)
Surety /Guarantor
--the person who gives guarantee
Creditor.
--the person in whose favor guarantee is given
Principal Debtor.
--the person who primarily incurs liability/ debt
3) Liability of surety:
is secondary, it accrues
when principal debtor fails
to perform his obligations
4) Guarantor.
Surety furnishes/ gives
guarantee on the request of
principal debtor
5) Purpose.
To Secure performance of a
contract (debt etc) by
principal debtor.
7) Filing of Suit.
Indemnifier cannot
sue (in his name)
except when there is
an assignment of
claim in his favor.
7) Surety after
discharging his
obligations can sue
principal debtor.
Contracts of Bailment,
Pledge & Agency
Bailment
Bailment DefinedA 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. The person to whom these are delivered
is called the bailee
Bailment
Essentials of Bailment:
Contract
Delivery of goods.
--there must be delivery of movable goods in a
contract of bailment.
Bailment
Essentials of Bailment:
No change of ownership
--in a contract of bailment, only the possession of
goods is transferred from bailor to the bailee,
whereas the bailor has all ownership rights over the
goods delivered.
Bailment
Duties of Bailee
To take care of goods delivered by bailor sec 151
Bailee not to make un-authorized use of the goods
delivered to him. Sec 154
Bailee to return the goods delivered to him for some
purpose. Sec 160.
Bailee to return an increase or profit in lieu of goods
delivered. Sec 163
Pledge
According to section 172 of the Contract Act:
Pledge
The pledgee has actual control of pledged
stocks/Goods.
Pledgee can sell pledged stocks by giving
reasonable notice to the borrower, in case of
default by pledgor.
Before disposal pledgee should publish the
notice through news papers etc.
Contract of Agency
Contract of Agency
In general terms, Agency refers to the relationship
which exists between two legal persons, the
Principal and the Agent in which the Agent has to
perform different duties/ functions as per
instructions of the principal and also enters into
contract with the third party on behalf of the
principal.
Contract of Agency
The relationship of agency plays an important
role in business and commercial dealings. This
relationship is created by virtue of
agreement between Principal and Agent
Contract of Agency
Definition of Agent and Principal :Sec 182
Agent is a person employed to do any act for
another or to represent another in dealing with a
third person. The person for whom such act is done,
or who is so represented, is called the Principal.
Contract of Agency
Duties of the Agent:
Duties of agent are contained in sec 211 to 218 of
the Contract Act. Some of the important duties are
given below:
i. To follow principals instructions
ii. To show required skill and diligence
iii. Agent to render proper accounts
iv. Agent to pass on any benefits derived by him
Contract of Agency
Duties of Principal
i. Payment of remuneration to the agent
ii. not to prevent his agent from performing the
duties/ acts assigned to him under the contract and
for which remuneration is payable.
iii. Any legitimate expenses which have been incurred
by the agent in the course of performance of his
duties are to be indemnified by the principal.