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Bailment-Technical Writing-Lecture Slides, Slides of Technical Writing

Lakshmibai National Institute of Physical EducationTechnical Writing

Prof. Jenny Pinto delivered this lecture for Technical Writing course at Laxmibai National Institute of Physical Education. It includes: Bailment, Contract, Purpose, Direction, Specific, Ownership, Benefit, Reward, Gratuitous, Duty

Typology: Slides

2011/2012

Uploaded on 07/11/2012

devraaj
devraaj 🇮🇳

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BAILMENT
Bailment is the voluntary transfer of goods by
one person to another for some purpose,
upon a contract that they shall, when the
purpose is accomplished, be return or
otherwise disposed of according to the
direction of the person delivering them.
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BAILMENT

Bailment is the voluntary transfer of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be return or otherwise disposed of according to the direction of the person delivering them.

BAILMENT-ESSENTIALS

  • Contract

Goods are delivered for a purpose and when the purpose is accomplished the goods are to be retuned to the bailor.

  • Specific Purpose

Delivery of goods must be for a specific purpose.

  • No Change in the Ownership of Goods
  • Return of the Same Goods

DUTIES OF BAILOR

  • Duty to disclose faults in the goods
  • Duty to repay Necessary Expenses
  • Duty to Repay Extra-ordinary Expenses
  • Duty to Indemnify for Early Demanding

Back

  • Duty to Indemnify for Defective Title
  • Duty to Receive Back the goods

RIGHTS OF BAILEE

  • Right to Recover Expenses
  • Right to Deliver Goods
  • Right to Compensation
  • If the bailor has no right to bail the goods and the Bailee delivers them back to the bailor, the true owner can not recover compensation from the Bailee
  • Right to Stop Delivery
  • Right to Sue
  • Right of Lien

RIGHTS OF BAILOR

  • Right to Claim Damages
  • Right to Demand Return of Goods
  • Right to Claim Increase
  • Right to Terminate Bailment
  • Right to Sue

TERMINATION OF BAILMENT

  • Expiry of Time
  • Accomplishment of Purpose
  • Unauthorized Use
  • Death of Bailor or Bailee
  • Termination by Bailor
  • Destruction of Subject Matter

DUTIES OF FINDER

  • Duty to find owner
  • Duty to take Reasonable Care of Goods
  • Duty not t o use Goods
  • Duty not to Mix Goods

RIGHTS OF FINDER

  • Right to Retain
  • Right of Lien
  • Right to Sue Third Person
  • Right to Sue for Reward
  • Right of Sale in following cases:
  1. When the finder fails to find the owner
  2. When the real owner refuses to pay lawful charges to the finder
  3. When goods are perishing
  4. When lawful charges become two third of the value of goods

ESSENTIALS OF PLEDGE

  • Movable Property
  • Transfer of possession
  • No Transfer of Ownership
  • Not Mere Custody

RIGHT OF PLEDGEE

  • Right t o Retain
  • Right to Retain for Other Debts
  • Right to Extraordinary expenses
  • Right to Sue and Sell:
    • Give a reasonable notice
    • Can not sell to himself
    • If proceeds are less than amount due, he can recover the balance. In case of surplus , he must return it to the pledgor.

RIGHTS OF PLEDGOR

  • Right to Redeem

The pledgor can file a suit for redemption of goods after depositing the dues with the court.

  • Right to Claim Damages

In case the pledgee mixes the goods, the pledgor can claim damages

  • Right to Claim Increase
  • Right to Redeem the Debt

The pledgor can redeem the debt before the actual sale of goods

DUTIES OF PLEDGOR

  • Duty to compensate for extraordinary

expenses

  • Duty to meet Obligations on stipulated

time and comply with the terms of contract

PLEDGE BY NON-OWNERS

  • Possession Under Void able Contract
  • Pledgor with Limited Interest
  • Seller in Possession after sale
  • Buyer in Possession before buying
  • Pledge by Co-Owners

One of the co-owners in sole possession of goods with the consent of others

THANKS