Rights and duties of bailee – 5


In last part we had seen duties of bailee in contract of bailment and in this part we will continue with more duties of bailee

•Duty to return

As per section 160 of the Indian Contract Act 1872 “It is the duty of the bailee to return, or deliver according to the bailor’s directions, the goods bailed, without demand, as soon as the time for which they were bailed has expired, or the purpose for which they were bailed has been accomplished.” In simple words when the purpose for which the bailment was made is accomplished or the time for which the goods were bailed has completed then it becomes the duty of the bailee to return the goods bailed to him . Section 160 of the Indian Contract Act 1872 clearly states that If by the fault of the bailee, the goods are not delivered back to the bailor at the proper time, then he is responsible to the bailor for any loss, destruction or deterioration of the goods from that time. In case there are multiple owners of the goods than it is duty of bailee to deliver the goods to anyone of them with even taking consent of all the other owners unless there is an agreement to the contrary.

•Duty To Return Increase
In absence of any specific agreement the bailee has a duty to return any natural increase or profit accrued in the goods to the bailor . Section 163 of the Indian Contract Act, 1872 clearly says that “In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or according to his directions, any increase or profit which may have accrued from the goods bailed” . For example if X leaves his cow in the custody of Y for a period of two years. During the duration of the bailment the cow gives birth to a calf. So Y is bound to deliver the calf as well as the cow to X.


Conclusion

In these five parts we have discussed various rights and duties of bailee in the contract of bailment. We almost everyday enter into some kind of bailment so it becomes essential to know about our rights and duties of bailee when we enter into the contract of bailment. As knowing about right and duties helps us in making more informed choices, this reduces the chances of injustice. Knowledge about rights and duties helps in finding solutions to real life problems which otherwise would have created a confusion. After reading these five parts one can easily understood his responsibilities and duties if he has to enter into the contract of bailment wherein he will be the bailee.

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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