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Essential or features of bailment and pledge |
Answer» <p>To constitute a contract of bailment, the following conditions are to be satisfied.</p><p>(1) Delivery of possession of goods :</p><p> Deliveryof goods from one person to another person for some purpose is an essential elements of bailment. According to Section 149 of the Indian Contract Act, 1872 the delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorised to hold them on his behalf.</p><p>(2) Delivery of possession upon a contract :</p><p> There can be no bailment without a contract. all conditions for valid contract are to be satisfied, such as Competent parties, free consent lawful object etc.</p><p>(3) Return or dispose of goods according to the direction :</p><p> In bailment the goods are delivered for specific purpose. after the purpose is accomplished the goods may be returned to the bailor in the same or altered direction, condition or maybe disposed of as directed by bailor. If the person to whom the goods are delivered is not bound to restore them to the person delivering them or to deal with them according to the mandate their relationship will not be that of bailor and bailee.</p><p> </p> | |