1) A Contract of Bailment is of extreme public importance and it is as important to modern society.
2) As it was the primitive because there are many acquisitions in life when a person has to trust others with possession of a valuable property that is the deposit of cycle of goods of luggage, contentment of goods with a carrier, deposit of something for repair, etc.
3) Bailment is defined under section 148 of the Indian Contract Act 1872 It says a Bailment is a delivery of goods by one person to another for some purpose upon a contract that they shall when the purpose is accompanied be return or otherwise disposed of.
4) According to the direction of the person delivering them the person delivering the goods is called the Bailor. The person to whom they are delivered is called the Bailee. The bailee has to perform the obligations and if he is inconsistent while performing his obligation, he would be liable under the Indian Contract Act, 1872.
Read also: DOCTRINE OF PRIVITY OF CONTRACT
ESSENTIALS OF BAILMENT:-
a) From this above definition, it appears that to constitute a valid contract of bailment there must be the following essential ingredients:-
1) a) There must be the delivery of the possession of the goods. Delivery may be made by doing anything which has the effect of putting the goods in the possession of the bailee. For example:- By ending him over the key to the godown this is also known as constructive delivery.
1) a) a) In Article Vs Nicolar (1894) the defendant was a restaurant keeper and the plaintiff went to the rest for dining there.
1) a) b) When he entered the room a waiter took is over court without being asked and hanged in on a hook behind the plaintiff.
1) a) c) When the plaintiff rose to leave the court was gone. The court held there was ample evidence of bailment. It was the waiter who took the court out of the plaintiff‘s possession into his care and it was he who selected the place where it should be put and thus he had become the bailee of the court they responsible for his same custody. The bailee has to perform the obligations and if he is inconsistent while performing his obligation, he would be liable under the Indian Contract Act, 1872.
2) a) a) In Kaliaperumal Pillai Vs Visalakshmi (1938) A lady handed over to a goldsmith certain gold to be converted into jewelry.
2) a) b) Every evening she used to see that half made jewelry from the goldsmith put it into a box in the goldsmith‘s room and keep the key in our possession.
2) a) c) One morning when she went into the room to take out the court for further work she was shocked to see it missing. Her action against the goldsmith to recover the value of the gold also failed.
2) a) d) Delivery necessary to constitute bailment whatever delivery was made here come to an end as soon as gold was handed back to her in the evening.
2) a) Delivery must have been made upon a contract a delivery made independently of a contract will not result in a bailment within the meaning of section 148.
2) b) In English law on the other hand and express contract is not necessary to constitute a bailment. There is no reason while it has been said that a bailment should not arise whenever goods belonging to one man had floated into the hands of others.
2) c) In our country a contract is necessary but has been expressed in so many words. Implied contracts are as efficacious as expressed.
RIGHTS OF BAILEE:-
1) SECTION 158 ICA 1872:- Where a gratuitous bailee has done some work on the goods or has performed some other service. He is entitled to recover the necessary expenses incurred by him for bailment.
2) SECTION 159 ICA 1872:- A gratuitous bailee must return the goods on demand although they were lent for a specific time if he is compelled to return the goods prematurity he will be entitled to recover such loss as exceeds the benefit derived by him from the goods.
3) SECTION 162 ICA 1872:- A gratuitous bailment is terminated by death either of the bailor or the bailee.
4) SECTION 164 ICA 1872:- If the bailor had no title to bail goods the bailee is entitled to recover any loss caused by one of title.
D) RIGHTS OF BAILOR:-
1) SECTION 148 AND 160 ICA 1872:- The bailor has the right to get back the thing bailed when the purpose is accompanied or the period for which the thing was bailed.
2) SECTION 163 ICA 1872:- If there is no contract to the contrary the bailee is bound to deliver to the bailer in accordance to his direction any increase or profit which may have occurred from the goods bailed.
3) SECTION 153 ICA 1872:- The bailor has the right to terminate the contract of bailment when the bailee does any act concerning the goods bailed inconsistency with the conditions of the bailment.
4) SECTION 180 ICA 1872:- The bailor is entitled to bring sued against the wrongdoer in respect of the thing bailed.
TERMINATION OF BAILMENT:-
1) On the expiry of a fixed period.
2) On the fulfillment of the object.
3) Inconsistence of the goods bailed.
4) Destruction of the subject matter.
5) Termination of gratuitous bailment.
6) Death either the bailor or bailee.
So we conclude that by doing this contract the following essentials must be fulfilled. If the person has not fulfilled the requirement can breach the contract. In each contract of law, he has a certain uniform or fixed obligation to comply with, and he cannot part with those basic obligations even if a contract does not provide for any such obligations. These obligations are the essence of a bailment contract. The bailee and the bailor have to perform the obligations and if he is inconsistent while performing his obligation, he would be liable under the Indian Contract Act, 1872.