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Wednesday, 10 August 2011

Discuss the important rights and duties of the bailor

DUTIES or RESPONSIBILITIES or LIABILITIES of the BAILOR :-
Following are the important duties and liabilities of the bailor :


1. Explain the Defect :-
It is the basic duty of the bailor that he should disclose all the defects of the goods before delivering to bailee. If the bailor does not disclose then he himself will be responsible for loss.

Example :- Mr. Wands hires a car from Mr. Zane. Car is defective. Mr. Zane does not disclose facts that car is defective. Mr. Wands drives a car and he is injured. Mr. Zane is responsible to Mr. Wands for damage.


2. Warning to the Bailee :-
If a bailor feels that bailee is showing carelessness and goods are in danger. He should give warning to the bailee.


3. Payment of Necessary Expenses :-
It is the duty of the bailor that he should also pay necessary expenses sustained by the bailee connection with the bailment.


4. To Indemnify The Bailee :-
It is the duty of the bailor that he should compensate the loss of bailed which he has suffered due any one of the following reasons :

a. The bailor was not entitled to make the bailment.

b. The bailor was not entitled to give direction in this respect.

c. The bailor was not entitled to receive back the goods.



IMPORTANT RIGHTS OF BAILOR :-
Following are the important rights of bailor :

1. Right of Return :-
As the purpose of bailment completes bailor has a right to take back the goods bailed. If bailee fails to return then bailor has a right to claim for compensation.


2. Return Before Time :-
With the consent of the bailee the bailor may return his goods before the specified period.


3. Right of Termination :-
The contract of the bailment can be terminated by the bailor if the goods bailed are misused or against the conditions of the contract.


4. Right of Profit :-
The bailor has right to get profit from the goods bailed according the conditions of the contract.


5. Gratuitous Good Right Of Return :-
In case of gratuitous bailment the bailor has a right to terminate the contract at any time. If bailee cause a loss it may be compensated to the bailor.

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