Rights and duties of bailee – 1

In the contract of bailment the bailor is the person who receives good from the bailor for a specific purpose or time period. His rights and duties are as follows

Rights of bailee

Right to compensation

As per section 164 of the Indian Contract Act 1872 the bailor has a responsibility to compensate the bailee for any loss which the bailee may have incurred due to the reason that the bailor was not entitled to make the bailment, or to receive back the goods, or to give directions respecting them. In simple words if the bailor has no title to the goods and as a consequence of that the bailee suffers some loss then the bailor is responsible to compensate the bailee.

•Return the goods

The bailee has the right as well as the duty to return the goods to the bailor as per section 160 of the Indian Contract Act 1872. The bailor is bound to receive back goods after the purpose or time period for which the goods were bailed is completed. But if the bailor refuses to take back the goods than he will be responsible to pay the bailee for the necessary expenses that were undertaken by bailee for custody and care of the goods bailed. If there are several joint owners of goods bailed then according to section 165 of the Indian Contract Act 1872 the bailee may deliver them back to any one of the joint owners without the consent of all but if there is already an agreement regarding it than the bailee has to act in accordance with the agreement.

Recover expenses

It is the right of the bailee in the case of gratuitous bailment under Section 158 of the Indian Contract Act, 1872 to recover expenses of bailment. So we can say that the bailor in case of gratuitous bailment has right to recover ordinary as well as extraordinary expenses that were incurred by him from the bailor but in the case of non gratuitous bailment the bailee can only recover extraordinary expenses from the bailor.

Example: X lends his cow to Y . X is not paying anything to Y to take care of his cow so he needs to pay him for all the ordinary expenses born by Y to feed the cow . However, if the cow gets sick and Y calls for a doctor then X has to pay Y for all the additional medical expenses incurred by him for the treatment of the cow.

•Suit for deciding the title
The bailee has authority under section 167 of the Indian Contract Act 1872 that If a person, other than the bailor, claims goods that are bailed belongs to him than the bailey may apply to the Court to stop the delivery of the goods to the bailor, and also to decide the title of the good

•File suit against wrong doer

The bailee has the right to sue the third party who does any damages to the goods or deprives the bailee from using the goods as the bailee is given this power under section 180 of the Indian Contract Act, 1872.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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