Posted February 1, 2014 by advocateguru in Learning Centre
 
 

Duties of bailor

The bailor is entitled to following duties:

(a) The bailor must disclose all the known faults in the goods; and if he fails    to do what, he will be liable for any damage resulting directly from the faults. For example:  A delivers to B, a carrier, some explosive in a case, but does not warn B. The case is handled without extraordinary care necessary for such articles and explodes. A is liable for all the resulting damage to men and other goods.

In the case of bailment for hire, a still greater responsibility is placed on the bailor. He will be liable even if he did not know of the defects. A hires a carriage of B. The carriage is unsafe though B does not know this. A is injured. B is responsible to A for the injury.

 

(b) It is the duty of the bailor to pay any extraordinary expenses incurred by the bailee. For example, if a horse is lent for a journey, the expense of feeding the house would, of course, subject to any special agreement be borne by the bailee. If however the horse becomes ill and expenses have been incurred on its treatment, the bailor shall have to pay these expenses.

 

(c)           The bailor is bound to indemnify the bailee for any cost or costs which the bailee may incur because of the defective title of the bailor of the goods bailed.

Bailee’s Particular Lien

Where the goods are bailed for a particular purpose and the bailee in due performance of bailment, expands his skill and labour, he has in the absence of an agreement of the contrary a lien on the goods, Le., the bailee can retain the goods until his charges in respect of labour and skill used on the goods are paid by the bailor. A gives a piece of cloth to B, a tailor, for making it into a suit, B promises to have the suit ready for delivery within a fortnight, B has the suit ready for delivery. He has a right to retain the suit until he is paid his dues. The section expresses the Common Law principle that if a man has an article delivered to him on the improvement of which he has to bestow trouble and expenses, he has a right to detain it until his demand is paid.

The right of lien arises only where labour and skill have been used so as to confer an additional value on the article.

 

Particular and General Lien

Liens are of two kinds: Particular lien and General lien. A particular lien is one which is available only against that property of which the skill and labour have been’ exercised A Bailee’s lien is a particular lien.

A general lien is a right to detain any property belonging to the other and in possession of the person trying to exercise the lien in respect of any payment lawfully due to him.

Thus, a general lien is the right retain the property of another for a general balance of accounts but a particular lien is a right to retain only for a charge on account of labour employed or expenses bestowed upon the identical property detained.

The right of general lien is expressly given by Section 171 of the Indian Contract Act to bankers, factors, war fingers, attorneys of High Court and policy-brokers, provided there is no agreement to the contrary.


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