Rights and Duties of a Bailor, By Vijit Singh, At LexCliq

Rights and duties of Bailor

 

Rights of Bailor

Following are the rights of Bailor

 

  1. Right to recover damages

Bailor can claim for the damages that arise due to bailee’s negligence. He can also claim damages arising due to unauthorized use of goods.

Example

Ali bailed some goods to Zeeshan but due to the negligence of Zeeshan the goods were stolen. Ali can recover the damages.

 

  1. Right to demand return of goods

The Bailor has right to get back the goods bailed after as soon as the purpose is accomplished. If Bailee fails to return the Bailor can claim for the compensation

Example

A give a car to B on hire for 5 days. A fail to return on 5thd day. B can claim damages

 

  1. Right to claim increase

The Bailor can claim any increase or profit, which may accrue from the bailed goods. Example

A bailed a cow to b. Cow gave birth to a calf. A can claim cow along with calf.

 

  1. Right to terminate bailment

The Bailor has a right to terminate the bailment if Bailee does any act which is against the terms and conditions of bailment.

Example

A gives his car on hire to B for personal use but B start driving it as carriage. A can terminate contract.

 

  1. Right to sue

Bailor can sue Bailee if he fails to return goods or breaches contract.

Example

A gives his mobile to B for repairing. B sold it to C. A can sue zain.

 

 

 

  1. Compensation

If the Bailee without the permission of Bailor mixes the goods of Bailor with his own goods in such a way that it becomes impossible to separate them, the Bailor has a right to claim for the compensation for the loss of goods.

 

Example

A bailed 2 bags of Basmati Rice to B. B mixed them with his own rice that was of cheap quality. A can claim for the compensation

 

 

Duties of Bailor

 

Following are the duties of Bailor

  1. Duty to disclose faults
  2. Duty to repay necessary expenses
  • Duty to repay extra ordinary expenses
  1. Duty to indemnify for defective title
  2. Duty to receive back goods

 

 

  1. Duty to disclose faults

It is the duty of Bailor to disclose all the faults in bailed goods which are known to him. If he does not disclose them, he will be liable for the damages arising due to such faults.

Example

A hire a carriage of B. The carriage was unsafe and B had not disclosed that fact to A. A is injured. B is liable for the damages.

 

  1. Duty to repay expense

When the goods are to be kept or carried by the Bailee. It is the duty of Bailor to bear all the expense incurred on the bailed goods.

Example

A delivered a car to B for the safe custody. One tire of the car was burst on the way. B spent Rs.4000 to replace tire. A is liable to pay Rs. 4000

 

 

  1. Duty to repay extra ordinary expenses

If the extra ordinary expenses are incurred by the Bailee on the bailed goods, then it is the duty of Bailor to repay those expenses.

Example

A bailed his horse to B for journey. The expense for feeding horse is ordinary expense and falls on Bailee but if horse becomes sick then it is the duty of Bailor to repay the expenses incurred on the treatment of horse.

 

  1. Duty to indemnify for the defective title

Where the title of goods to Bailor is defective and Bailee suffers loss due to such title, it is the duty of Bailor to indemnify the Bailee for such loss.

Example

A gives his neighbor’s scooter to B for use without neighbor’s permission. The Neighbor files a suit on Bilal and received compensation. A is liable to compensate B.

 

  1. Duty to receive back goods

It is the duty of Bailor to receive back goods when the Bailee returns them after the accomplishment of purpose

Example

A bailed his horse to B to feed for two months. A does not take his horse after two months. B has to spend more to feed horse. It is the duty of A to compensate B.

 

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