What is Bailment?

Definition

Section 148 of the arrangement Act 1872 defines A bailment is the supply of appurtenances by one being to addition for some purpose, aloft a arrangement that they shall, if the purpose is accomplished, be alternate or contrarily disposed of according to the administration of the being delivering. The being carrying the appurtenances is alleged the “bailor”. The being to whom they are delivered is alleged the bailee.

Illustration:

1. Where X lends some ornaments to Y to be acclimated in a marriage, the transaction is one of the bailment.

2. X gives bolt to Y, a clothier to accomplish into a coat. Here X is the bailor and Y is the bailee.

Features or Essentials of Bailment

1. Supply of Goods:

It consists in the supply of goods.

2. Moveable Property:

There can be bailment of moveable acreage only. It involves change of possession. Mere aegis after control is not bailment.

3. Acting Purpose:

The supply accept to be for some acting purposes.

4. Contract:

The supply is fabricated aloft a contract, accurate or implied.

5. Returnable:

The appurtenances accept to be alternate to the buyer or disposed of according to the admonition of the bailor.

6. Object of Bailment:

The bailment may be for safe aegis or for use or for hire.

7. Alteration:

If the appurtenances bailed are in the beggarly time adapted in shape, i.e. bolt fabricated into jacket, still the arrangement is one of the bailment.

8. Already Control of goods:

If a being already in control of the appurtenances of addition affairs to authority them as a bailee, and the buyer becomes the bailor, of such appurtenances although they may not accept been delivered by way of bailment.

9. Redelivery of Goods:

In some affairs of the bailor may affirmation a redelivery of the appurtenances deposited.