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Saturday, January 23, 2016

Rights and Duties of Bailee

Rights and Duties of Bailee
Rights of Bailee
1.                   Bailee has right to claim compensation for injuries arising out of faults present in goods, If it is gratuitous bailment, bailee can make bailer answerable with regard to known faults only. But not to un-known faults. In case of Non-gratuitous bailment bailee can make bailer answerable to known as well as un-known faults.
2.                  Bailee has right to claim contribution for expenses. If it is Gratuitous bailment, bailee can claim only extraordinary expenses. But in case of Non-Gratuitous bailment, bailee can claim both ordinary and ordinary expenses.
3.                  In case where bailer has given goods with defective title and bailee, therefore, comes across suffering, then such bailee has right to get compensated by defective titled bailer.
4.                  Bailee has right of indemnity, for making involvement in bailment Contract, bailer can make bailee answerable.
5.                  Bailee has right of lien. It is only particular lien. That means he can exercise right of lien against those goods only on which amount is due.
6.                  Bailee can return the goods to any one of the joint owners.
7.                  In times of need Bailee has right to approach Court of law.
Duties of Bailee
1.                   Bailee should take reasonable care on goods.
2.                  Bailee should not use the goods for an unauthorized purpose.
3.                  Bailee should not setup adverse title.
4.                  Bailee should return the goods after fulfillment of purpose.
5.                  Bailee should return not only delivered goods, but also additions.
6.                  Bailee should not mix up the goods with his own goods or others goods. If bailee has mixed the goods and the goods are of sufferable nature, bailee has to face the cost of separation. If the goods are of insufferable nature, bailee has to compensate bailer.


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