Friday, January 18, 2013

Rights of Bailor and Duties of Bailee


What are Rights of Bailor and Duties of Bailee?
Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed off according to the directions of the persons delivering them, on accomplishment of the purpose. A person person delivering the goods is called bailor. A short note on bailment and kinds of bailment can be found in this link.
Now we may provide the different rights of a bailor which is also the duties of bailee.
1) Right to claim damages against unauthorised use.
The bailor can sue the bailee for damages or compensation. The claim can be based on different circumstances in which the bailee treats the goods against the directions of the bailor. If any damage has been caused to the goods by the unauthorised use of it, i.e. use against the directions and conditions of bailment, the bailor can claim compensation from the bailee. For instance, A lends his car to B for personal use. B uses it in a car race and it was damaged. A can claim damages from B for unauthorised use and also for the damage caused.
2) Right to claim damages for mixture of goods
The bailor is entitled to the return of his goods in the same conditions as it was when given to the bailee. If the bailee mixes the goods, the bailor can claim compensation for damage caused to the goods due to the mixture. He can also claim compensation for the cost of separating the mixture.
3) Right to claim damages for inseparable goods
In the case of goods not separable when mixed with others like stated above in point No:2, the bailor can claim damages from the bailee.
4) Rights to claim damages for non-return of goods.
The bailor may give bailee goods for a specific purpose and to be returned within a specified time. The bailee has to compensate the bailor for non-return of the goods within the specified time if some damage causes due to the delay.
5) The bailor has also got the right to get back the goods lent gratuitously.
6) The bailee must give to the bailee any increase from profit from goods bailed.

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Friday, January 18, 2013

Rights of Bailor and Duties of Bailee


What are Rights of Bailor and Duties of Bailee?
Bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed off according to the directions of the persons delivering them, on accomplishment of the purpose. A person person delivering the goods is called bailor. A short note on bailment and kinds of bailment can be found in this link.
Now we may provide the different rights of a bailor which is also the duties of bailee.
1) Right to claim damages against unauthorised use.
The bailor can sue the bailee for damages or compensation. The claim can be based on different circumstances in which the bailee treats the goods against the directions of the bailor. If any damage has been caused to the goods by the unauthorised use of it, i.e. use against the directions and conditions of bailment, the bailor can claim compensation from the bailee. For instance, A lends his car to B for personal use. B uses it in a car race and it was damaged. A can claim damages from B for unauthorised use and also for the damage caused.
2) Right to claim damages for mixture of goods
The bailor is entitled to the return of his goods in the same conditions as it was when given to the bailee. If the bailee mixes the goods, the bailor can claim compensation for damage caused to the goods due to the mixture. He can also claim compensation for the cost of separating the mixture.
3) Right to claim damages for inseparable goods
In the case of goods not separable when mixed with others like stated above in point No:2, the bailor can claim damages from the bailee.
4) Rights to claim damages for non-return of goods.
The bailor may give bailee goods for a specific purpose and to be returned within a specified time. The bailee has to compensate the bailor for non-return of the goods within the specified time if some damage causes due to the delay.
5) The bailor has also got the right to get back the goods lent gratuitously.
6) The bailee must give to the bailee any increase from profit from goods bailed.