It is the duty of the bailor to compensate the bailee for any loss or damage that he may suffer due to the bailor’s conduct. In cases where the bailor asks for the return of goods even before the time of expiry, if due to this the bailee suffers from any loss, it is the duty of the bailor to compensate the bailee for the same. For example, if the property is fragile, the bailee will be expected to take extra precautions to protect it. If the property is being transported, the bailee will be expected to take reasonable steps to ensure it is properly secured. There are several ways in which the bailment can terminate, and it depends on the agreement between the bailor and the bailee. The termination can either occur naturally or by the intervention of the court.
Duties/rights of bailor and bailee
Related Posts:
- The bailee should then make every attempt possible to ensure the property is returned.
- The bailee agrees to watch the car for the bailor without any promise of compensation, such as money or a gift, in return.
- The bailee’s relationship to the bailor is outlined in a contractual agreement known as a bailment.
- To sum it all up, it is evident through analysis that the relationship between the finder of the lost good and the owner of the good is that it resembles a contract and therefore is known as a quasi-contractual relationship.
In all of the cases relating to bailment, a bailee is responsible to take as much care of goods bailed to him as any man of ordinary prudence will take under such circumstances. It is also the duty of a bailee to return the goods after the fulfilment of the purpose. Irrespective of the fact that goods bailed were done gratuitously or with consideration, it is the duty of the bailor to disclose faults which are within his knowledge in the bailed goods. Failure to disclose makes the bailor liable for all the loss or damage incurred by the bailee which are linked to the undisclosed fault.
Essentials of bailment
In contrast, if the owner has specified a particular reward for return of the good, the finder can sue to claim that specific reward only and impose a lien till that amount is paid or the reward is received by him. As per Section 151, it is irrelevant if the bailment is for consideration or not, the bailee is responsible to take reasonable due care of the bailed goods in the same manner in which he would take care of his own goods. He has the responsibility in the standard of what a man of ordinary prudence would do to protect his own goods. In case, there is a breach of duty, the bailee is responsible for compensating the bailor for any damage that he may sustain. One of the parties is called as the bailor who is the real owner of the bailed goods and the other party who keeps the bailed goods in his custody rights and duties of bailor for a specific purpose is referred to as the bailee.
Call for Blogs on Rolling Basis Unleash your Legal Eagel
When it comes to measuring the amount of damages in cases of bailment and breach of duty, the measure is not solely dependent on the suit as they are fulfilled in various other means as well. The market value of the bailed goods is an important criteria for determining the damages or the amount to be paid as compensation. While adjudging the extent of the bailor’s claim for the loss of the bailed goods, the market value at which the bailed goods is sold is considered.
When the plaintiff entered the restaurant, a waiter took the plaintiffs coat from him without being requested to do so, and hung it on a hook behind the plaintiff. Uniquely, Attorneys.Media represents a modern approach to facilitating the education and knowledge of legal issues within the public sector and the subsequent legal consultation with local attorneys. Concurrently, for legal professionals, the platform provides a valuable avenue for visibility and engagement with a wider audience, potentially expanding their client base.
A parking lot, however, is a gratuitous bailment because it provides a service without expecting something in return. A parking lot does not necessarily hold responsibility over the cars in its lot, depending on the rules of the jurisdiction in which it resides, yet it still provides a service to the bailor who leaves his car in that lot. If the theft occurred due to the negligence of the bailee and it is proven that the bailee did not exercise reasonable standard of care, then the bailee must compensate the bailor for the loss of his goods. In such situations, largely the bailee’s offer is taken into consideration for determining the merits of the case. The pattern changes based on new rulings of the court which deal with such situations. It is important to have direct and clear provisions in place to ascertain the claims for damages and compensation made by the bailiff in such cases.
For example, if a person provides his clothes to a laundry service for cleaning, the person gets clean clothes as a service and the laundry company gets payment as consideration. The term bailment finds its origin from a french word “bailler” which means “to deliver”. Herein, the possession of a particular good is delivered for a specific purpose with an understanding that the goods shall be returned to the real owner after the purpose is fulfilled. Section 148 of the Indian Contract Act, 1872 defines bailment as the delivery of goods from bailor to bailee for a specified purpose and an understanding that once the purpose of bailment is fulfilled, it shall be returned to the real owner.
Therefore, this case is a landmark decision in the arena of non-contractual bailment relationship which places the government in the position of bailee and attaches the same liabilities to it as it prescribes for a bailee under a contractual setup. This was held in the case of Ultzen vs. Nicholas (1894), wherein the above view was upheld by the Court of Common Pleas. In this matter, the plaintiff had visited a restaurant and the waiter of the restaurant took his coat and hung it on the hook. After finishing his dinner, when the plaintiff started to leave, he found his coat missing.
