Rights and duties of bailee – 2

In part one we discussed some rights of bailee in the contract of bailment. In this part some more rights bailee . Those rights are

Right in lien
Right to lien refers to the right of an individual to keep goods and securities belonging to another in his possession until certain legal debts owed to the person retaining the goods are satisfied. Liens are of two types
particular lien and general lien.

) Particular lien
Right to particular lien is provided in section 170 of the Indian Contract Act 1872. According to that act the bailee has the right to retain that particular property in respect of the charges that are due to him for exercise of labour or skill in respect of the goods bailed.

) General lien
A general lien in general sense refers to the right of one person to keep any property or goods belonging to another person in his possession until the promise or duty is fulfilled. In the contract of bailment section 171 of The Indian Contract Act 1872 defines the provision related to right to general lien.  The bailee has authority to retain not only those good  in respect of which some particular services are
rendered, but also other goods in the possession of the bailee but belongs to the bailor.General lien entitles the bailee to retain goods of the bailor “for a general balance of account”. The right of general lien has been given on the following kinds of bailees.
(•) Bankers;
(•) Factors;
(•) Wharfingers;
(•) Attorney of a High court and
(•) Policy-brokers

                The above mentioned kinds of bailee enjoy general lien without being specifically mentioned in the agreement.

•Right to know about any faults in goods

The bailee has the right to know about the faults in the goods bailed of which the bailor is aware about. If the bailor does not disclose faults which materially interfere with the use of them, or expose the bailee to extraordinary risk than he is responsible for damage arising to the bailee directly from such faults. In case of gratuitous bailment the knowledge of fault is essential for fixing bailor’s responsibility for damages but in case of non gratuitous bailment the knowledge the bailor is liable for damages suffered by bailee due to fault even if he didn’t have knowledge of that fault.

•Right to be indemnified by bailor

Section 159 of the Indian Contract Act 1872 grants bailor right to terminate gratuitous bailment at any point of time even if the bailment was made for a specific time or purpose. This section along with conferring the bailor with right to terminate gratuitous bailment at any point of time it also gives the bailee a right to be indemnified by bailor if the losses incurred by him due to the premature termination exceed the benefits that he derived from bailment.

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.

If you are interested in participating in the same, do let me know.

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