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2. Bailment & pledge
 Section 148 of indian contract act 1872
 Delivery of goods by 1 person to another for some
purpose
 Contract to return after use or to dispose as asked by
the person who delivered the goods
 Bailor: who gives
 Bailee : who takes
 Bailment: transaction

3. Examples
 Hiring a bicycle
 Giving cloth to a tailor
 Delivering watch for repair

4. Kinds of bailment
Kinds of bailment Based on benefit:
Bailment for the exclusive benefit of :
1] bailor: leaving goods in safe custody without paying
2] bailee :a loan of some article like a pen
3] mutual benefit: contracts for hiring, repair ,etc

5. Kinds of bailment:
 Based on reward:
1] Gratuitous bailment: neither bailor nor bailee is
entitled for remuneration, example: lending a book to a
friend
2] Non-gratuitous bailment: bailment of reward: either
bailee or bailor is entitled to a remuneration , example:
hire, tailor, etc

6. Difference between sale &
bailment
 Ownership transferred?
 Buyer under no obligation to return goods?

7. Duties of bailee:
 Take reasonable care of goods[S.151]
 Not to make unauthorized use of goods[S.154]
 Not to mix goods with his own goods[S.155-157]
 Duty to return goods[S.160&161]
 Not doing any act inconistent with terms of
bailment[S.153]
 Returning any profit [S.163]

8. Rights of bailee
 Right to compensation for loss on account of fault in
goods bailed[S.150]
 Right to receive necessary expenses[S.158]
 Right against premature termination of
bailment[S.159]
 Right to compensation in case of defective title[S.164]
 Delivery of goods to one of the joint owners[S.165]
 Right against third parties

9. Duties of bailor
 To Disclose faults in goods bailed [S.150]
 To repay the necessary expenses [S.158]
 To indemnify the bailee [S.164]
 Liability on premature breach of bailment[S.159]

10. Rights of bailor
 Right of indemnity for losses due to negligence by
bailee[S.152]
 Termination of bailment on inconsistent use by the
bailee[S.153]
 Compensation for unauthorised use by the
bailee[S.154]
 Compensation when the bailee mixes the goods bailed
with own goods [S.155]
 Right of return of goods back[S.160]
 Right to profit from goods bailed[S.163]

11. Termination of bailment
 Doing an act inconsistent with terms of
bailment[S.153]
 At desire of the bailor in case of gratuitous
bailment[S.159]
 On expiry of period[S.160]
 On accomplishment of object[S.160]
 Death of the bailor or bailee [S.162]

12. PLEDGE OR PAWN :
 Bailment of goods as security for payment of debt or
performance of a promise :PLEDGE
 Bailor: PAWNER
 Bailee: PAWNEE
Example: A borrows Rs.100 from B & keeps his watch
as security : pledge

13. Difference between bailment &
pledge:
 PURPOSE: security? ; repairs?
 RIGHT OF SALE:
sale on default?
no right to sale?
 RIGHT OF USING THE GOODS: no right?

14. Rights of Pawnee:
 Right of retainer{S.173}: right to retain goods until dues
paid
 Right of transfer for subsequent advances:{S.174}: on
lending money to same debtor without further security
 right to retain earlier goods extends Right to
extraordinary expenses {S.175} Right to use the pawner
or sell the goods on default.

15. Rights of Pawner
Rights of Pawner:
Enforcement of pawnee’s duties Defaulting pawnor’s
right to redeem

16. ?

17. Thank you