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Contract of Bailment and pledge for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

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  • 10 Questions around this concept.

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Read the following passage and answer the question.

Bailment and Pledge are two special contracts that are often confused. Every pledge is a bailment but every bailment is not a pledge. Bailment means the delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. The pledge is a special kind of bailment.

A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived from a French word i.e. “bailer” which means “to deliver”. The etymological meaning of bailment is “handing over” or “change of possession of goods”. By bailment, we mean delivery of goods from one person to another for a special purpose on the contract that they shall reimburse the goods on the fulfillment of the purpose or dispose of them as per the direction of the bailor. The person who delivers the goods is known as the bailor. And the person to whom the goods are given is known as Bailee. And the property bailed is known as Bailed Property.

The pledge is a kind of bailment. The pledge is also known as Pawn. It is defined under section 172 of the Indian Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or loan advanced or performance of an obligation or promise. The person who pledges the goods as security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known as Pledgee or Pawnee.

Question :

Kannan took a car from Prakrit to go on a road trip. Prakrit was aware that the brakes of the car were not working properly. But, he didn’t inform Kannan about it. Kannan met with an accident due to the failure of the brakes.

Read the following passage and answer the question.

Bailment and Pledge are two special contracts that are often confused. Every pledge is a bailment but every bailment is not a pledge. Bailment means the delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. The pledge is a special kind of bailment.

A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived from a French word i.e. “bailer” which means “to deliver”. The etymological meaning of bailment is “handing over” or “change of possession of goods”. By bailment, we mean delivery of goods from one person to another for a special purpose on the contract that they shall reimburse the goods on the fulfillment of the purpose or dispose of them as per the direction of the bailor. The person who delivers the goods is known as the bailor. And the person to whom the goods are given is known as Bailee. And the property bailed is known as Bailed Property.

The pledge is a kind of bailment. The pledge is also known as Pawn. It is defined under section 172 of the Indian Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or loan advanced or performance of an obligation or promise. The person who pledges the goods as security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known as Pledgee or Pawnee.

Question :

Karan gave his dog to his friend Lovish when he had to go out for work trips. Karan will have to pay the expenses incurred in the dog’s food, shelter, etc. The dog fell ill after playing in the rain and Lovish had to take the dog for medical treatment. Here-

Read the following passage and answer the question.

Bailment and Pledge are two special contracts that are often confused. Every pledge is a bailment but every bailment is not a pledge. Bailment means the delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. The pledge is a special kind of bailment.

A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived from a French word i.e. “bailer” which means “to deliver”. The etymological meaning of bailment is “handing over” or “change of possession of goods”. By bailment, we mean delivery of goods from one person to another for a special purpose on the contract that they shall reimburse the goods on the fulfillment of the purpose or dispose of them as per the direction of the bailor. The person who delivers the goods is known as the bailor. And the person to whom the goods are given is known as Bailee. And the property bailed is known as Bailed Property.

The pledge is a kind of bailment. The pledge is also known as Pawn. It is defined under section 172 of the Indian Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or loan advanced or performance of an obligation or promise. The person who pledges the goods as security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known as Pledgee or Pawnee.

Question :

Parth lends a horse to Prajwal for his own riding only. Prajwal allows Aryan, his younger brother to ride the horse. Aryan rides with care, but the horse accidentally falls and is injured.

Read the following passage and answer the question.

Bailment and Pledge are two special contracts that are often confused. Every pledge is a bailment but every bailment is not a pledge. Bailment means the delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. The pledge is a special kind of bailment.

A bailment is a special contract defined under section 148 of the Indian Contract Act, 1872. It is derived from a French word i.e. “bailer” which means “to deliver”. The etymological meaning of bailment is “handing over” or “change of possession of goods”. By bailment, we mean delivery of goods from one person to another for a special purpose on the contract that they shall reimburse the goods on the fulfillment of the purpose or dispose of them as per the direction of the bailor. The person who delivers the goods is known as the bailor. And the person to whom the goods are given is known as Bailee. And the property bailed is known as Bailed Property.

The pledge is a kind of bailment. The pledge is also known as Pawn. It is defined under section 172 of the Indian Contract Act, 1892. By pledge, we mean bailment of goods as a security for the repayment of debt or loan advanced or performance of an obligation or promise. The person who pledges the goods as security is known as Pledger or Pawnor and the person in whose favour the goods are pledged is known as Pledgee or Pawnee.

Question :

Amar bails his buffalo with Akbar for a week. The buffalo gives milk daily. Akbar sold this milk during the period of bailment.

Kavish owns a valuable painting and wants to store it securely while he is away on vacation. He approaches a storage facility and enters into a contract of bailment with them. In the given situation who retains ownership of the painting?

 Pledged is covered under Sections...........-..........of the Indian Contract Act, 1872.

Concepts Covered - 1

Contract of Bailment and Pledge

The concepts of "Contract of Bailment" and "Pledge" are fundamental in Indian Contract Law, governing the temporary transfer of possession of goods for various purposes. 

Contract of Bailment:

Parties Involved:

  • Bailor: The party who delivers goods to another party for a specific purpose. The bailor retains ownership of the goods.
  • Bailee: The party who receives possession of the goods and holds them temporarily for the bailor's designated purpose.

Purpose of Bailment:

  • Bailment can occur for various reasons, such as repair, storage, transportation, or safekeeping.
  • The bailee must use the goods as agreed upon and return them in the same condition once the purpose is fulfilled.

Ownership and Possession:

  • Ownership remains with the bailor, but possession is temporarily transferred to the bailee.
  • The bailee has a duty to take reasonable care of the goods and use them only for the specified purpose.

Termination of Bailment:

  • Bailment ends when the purpose is fulfilled or when the bailor or bailee decides to terminate it.

Pledge:

Parties Involved:

  • Pledgor: The party who delivers goods to another party as security for a loan or the performance of a promise. The pledgor retains ownership of the goods.
  • Pledgee: The party who receives possession of the goods as collateral until the obligation (e.g., repayment of a loan) is fulfilled.

Security for Obligation:

  • Pledge is used to secure a debt or obligation. The pledgor provides goods as collateral to ensure that they will fulfill their promise or repay the debt.

Right to Sell Pledged Goods:

  • If the pledgor fails to meet the obligation, the pledgee has the right to sell the pledged goods to recover the amount due.
  • The sale must be conducted reasonably and in good faith.

Termination of Pledge:

  • Pledge ends when the pledgor fulfills the obligation, such as repaying the loan. Upon fulfillment, the pledgee returns the pledged goods to the pledgor.

Examples:

  • Bailment Example:
    • You leave your car at a mechanic's garage for repairs. The garage (bailee) temporarily possesses your car (goods) for the purpose of repair. Once the repair is completed, they return the car to you.
  • Pledge Example:
    • You borrow money from a bank and offer your valuable artwork as collateral. The bank (pledgee) takes possession of the artwork (goods) until you repay the loan. If you default on the loan, the bank may sell the artwork to recover the loan amount.

Case Law Example: Smt. Kasturba vs. G. Venkateswaran

  • The case involves a pledge agreement where Smt. Kasturba pledged certain goods or assets to G. Venkateswaran as collateral for a debt or obligation.
  • When Smt. Kasturba couldn't fulfill her obligation, G. Venkateswaran sought to sell the pledged goods to recover the debt.
  • The central legal issue was the pledgee's right to sell pledged goods to recover the debt owed by the pledgor.
  • The court ruled that the pledgee does have the right to sell pledged goods as a security measure to recover the debt.
  • However, the court emphasized that the sale must be conducted reasonably and in good faith.
  • Conducting the sale reasonably means that it should be fair and transparent.
  • Selling in good faith means that the sale should not unduly prejudice the interests of the pledgor.
  • This case highlights the need for a balance between the pledgee's right to sell pledged goods and the obligation to do so fairly and without taking undue advantage of the situation.

Indian Contract Law Significance:

  • Contracts of bailment and pledge protect the interests of both parties involved in the temporary transfer of possession of goods.
  • They establish clear rights and responsibilities, ensuring that goods are used for their intended purposes and that obligations are met.


 

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