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BAILMENT AN AGREEMENT SUI GENERIS IN NATURE

INTRODUCTION:

Bailment implies a sort of relationship in which the personal property of one person
temporarily goes into the possession of another. The ownership of the articles or goods is in
one person and the possession in another. The circumstances in which this happens are
numerous. Delivering a cycle, watch or any other article for repair, or leaving a cycle or car,
etc., at a stand , depositing luggage or books in a cloakroom, delivering gold to goldsmith for
making ornaments, delivering garments to a dry-cleaner ,delivering goods for carriage,
warehousing or storage and so forth, are all familiar situations which create the relationship
of bailment. Thus, bailment is a subject of considerable public importance.

A bailment is a delivery of a thing entrusted for some special object or purpose upon a
contract, express or implied, to conform to the object or purpose of the trust1 A bailment,
traditionally defined, is a delivery of personal chattels on trust, usually on a contract, express
or iplied, that the trust shall be duly executed, and the chattels redelivered in either their
original or altered form, as soon as the time or use for, or condition on, which they were
bailed shall have elapsed or been performed. Under modern law, a bailment arises whenever
one person (the bailee) is voluntarily in possession of goods belonging to another person (the
bailor).2 Bailment: is a technical term of the common law, though etymologically it might
mean any kind of handing over. It involves change of possession, like a servant or a guest
using his hosts goods s not a bailee. However, constructive delivery will create the relation
of bailor and bailee as well as the actual possession as stated in the explanation.

Bailment is defined in sec 148 of the Indian Contract Act in the following words:

Bailment, Bailor and Bailee defined- a bailment is the delivery of goods by one
person 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 they are
delivered is called the Bailee.

1
Emperor v. Ghanshamdas, AIR 1928 Sind 106 at 107.
22
Halsburys Laws of England, vol.4, 5th edn., 1 February 2011, BAILMENT AND PLEDGE, para 101.
Explanation- if a person already in possession of the goods of another contracts to hold them
as bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods,
although they may not have been delivered by way of bailment.

SCOPE OF THE STUDY:

The law of bailment has been laid down in in numerous cases and is still expanding. Thus, it
would not be possible for the student to cover all the cases in which a claim under the
contract of bailment has been made. The research will be necessary limited to the essential
doctrines and landmark cases which lay down the fundamentals of the contract of bailment.

STATEMENT OF PROBLEM:

The Indian Contract Act 18772 does not have any specific provision regarding constructive
bailment.

HPOTHESIS:

The contract of constructive bailment is an agreement sui generis, i.e., in certain


circumstances it does not require a presence of contract, consideration or even consent.

LITERATURE REVIEW:

Markanda.P.C. The Law of Contract, 3RD edn., vol-2.]: Bailment is a relation Sui
Generis. It is a unique type of contract which can be easily differentiated from other types of
contract and a relationship of bailor and bailee in respect of a property can arise even without
a formal contract or the consent of the parties and may give rise to remedies which in
substance may not be contractual. Where possession of personal property of another is
acquired and held under circumstances where the recipient, on principles of justice, ought to
keep it safely and restore or deliver it to the owner, as for instance, where possession has
been acquired accidently, gratuitously, through mistake, or by agreement since terminated for
some other purpose than bailment, the law, irrespective of any actual meeting of minds,
imposes on the recipient the duties and obligations of a bailee.

BIBLIOGRAPHY:

Singh. Avatar. Contracts, 11th edition.


Markanda. .P.C. The Law of Contract, 3RD edn., vol-2.]:

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