Types Of Bailment | Gratuitous & Non-Gratuitous Bailment | The National TV
- by Aditi-Harshraj
- May 07, 2020 18:40
Sec 148 of Indian Contract Act,1872, states that, In bailment, the possession or ownership of the goods has been transferred to another person for some purpose and when the purpose is accomplished then the person is required to return the goods to the owner. The person who delivers the goods is bailer while the person to whom goods are delivered is the bailee.
Types of bailment
Gratuitous Bailment: In this kind of Bailment the bailer has no intention to get something in return of goods he had given. He just wants his ownership of his goods back after the accomplishment of the purpose. If the bailee incurred any loss due to the goods under gratuitous Bailment and the bailer wasn't known about the uncertainty then the bailer won't be liable to compensate bailee. But if the bailer was known that his goods may harm bailee and still he didn't disclose the matter then he would be liable to compensate bailee whether it's gratuitous Bailment or not.
Non-Gratuitous Bailment: In this kind of Bailment the bailer does something for bailee to get something in return and after the accomplishment of the purpose the bailee will pay him back and will also return his goods too. If the bailee incurred any loss due to the goods under non-gratuitous bailment then the bailer has to pay compensation to him. It doesn't matter whether the bailer was well versed with the fact that it may harm the bailee or not, it was the duty of the bailer to assure the bailee that he won't get any kind of inconvenience due to his goods.
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