What
is bailor describes the right and duties of the bailor.
Bailor is a party or person who agrees to deliver his goods to the bailee for some purpose for some period of time on a condition that the bailee shall ultimately return the goods to the bailor.
For example, If A delivers his car to B for a
week, here A is bailor and the car may be delivered gratuitously or non-
gratuitously.
The
rights of bailor are given below:
1) Enforcement
of a bailee’s duties:
Bailor
can enforce the duties of a bailee as his own right by suit in the following
circumstances.
i)
To demand compensation, in case of damage to goods.
ii)
To demand damage in case of unauthorized use of goods or breach of the terms
and unauthorized mixing of goods with other goods.
iii)
To return goods in the prescribed time.
iv)
To demand natural increment or profit in goods.
2) Right
to avoid or terminate the contract:
The
bailor has a right to terminate the contract at any time in the following
circumstances:
i)
If the objectives of the contract can not be fulfilled.
ii)
if the contract has an illegal object.
iii)
If the bailee breaches the terms of the contract.
iv)
If the bailment is gratuitous.
3) Restoration
of goods lent gratuitously:
Where
goods are lent gratuitously the bailor can demand their return at any time.
4) The
right to receive compensation from the wrongdoer.
The
following are the duties of bailor:
i) Duty
to disclose the known defects of good:
A
bailor has to disclose the known defects of the goods for bailment. If the
bailor does not do so, he will be responsible for the harm or the loss to the bailee,
but not for unknown defects.
ii)
Duty to bear extraordinary expenses:
The bailor is responsible to bear the extraordinary expenses of goods eg: medical treatment of sick animals, or the expenses made for keeping the well safe.
iii)
Duty to indemnify the bailee:
The bailor
is responsible to the bailee for any loss due to his/ her imperfect or
defective title of the goods and premature termination of the contract.
iv)
Duty to receive back the goods.
Reviewed by Bijay Munikar
on
September 29, 2020
Rating:
No comments: