Bailment is a legal term that refers to the delivery of goods by one person (the bailor) to another person (the bailee) for a particular purpose. The bailor retains ownership of the goods, but the bailee has possession of them.
There are two types of bailment:
- Bailment for hire: This is where the bailee is paid to keep the goods. For example, a car rental company is a bailee for hire.
- Bailment gratuitous: This is where the bailee does not receive any payment for keeping the goods. For example, a friend who babysits your children is a gratuitous bailee.
The bailor has certain rights and duties in a bailment relationship. The bailor has the right to:
- Inspect the goods at any time.
- Require the bailee to return the goods at the end of the bailment period.
- Sue the bailee for any damages to the goods.
The bailee also has certain rights and duties in a bailment relationship. The bailee has the right to:
- Use the goods for the purpose for which they were bailed.
- Be reimbursed for any reasonable expenses incurred in keeping the goods.
- Sue the bailor for any damages caused by the bailor’s negligence.
The bailee has a duty to:
- Take reasonable care of the goods.
- Return the goods in good condition at the end of the bailment period.
MCQs on Meaning of Bailment
- Which of the following is not a type of bailment?
- Bailment for hire.
- Bailment gratuitous.
- Bailment for safekeeping.
- Bailment for use.
- Answer: Bailment for safekeeping. Safekeeping is a type of bailment for hire.
- The bailor has the right to inspect the goods at any time. Is this always true?
- Yes, this is always true. The bailor has the right to inspect the goods at any time to make sure that they are being properly cared for.
- The bailee has the right to use the goods for the purpose for which they were bailed. What does this mean?
- This means that the bailee can use the goods for the purpose that the bailor intended them to be used for. For example, if you bail your car to a car rental company, the car rental company can use the car to rent to other people.
- The bailee has a duty to take reasonable care of the goods. What does this mean?
- This means that the bailee must take care of the goods as if they were their own. They must not do anything that would damage the goods or make them less valuable.
- The bailee has a duty to return the goods in good condition at the end of the bailment period. What does this mean?
- This means that the bailee must return the goods in the same condition that they were in when they received them. If the goods are damaged, the bailee is liable to the bailor for the damages.