Section 148 The Indian Contract Act, 1872
Section 148 of The Indian Contract Act, 1872 defines the concept of bailment.
š Section 148 ā āBailmentā, āBailorā and āBaileeā defined
āA ābailmentā is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ābailorā. The person to whom they are delivered is called the ābaileeā.ā
ā Explanation:
Bailment is a legal relationship in which goods are delivered by one party (bailor) to another (bailee) for a specific purpose.
The bailee is bound to return the goods or dispose of them as per the bailorās instructions after the purpose is fulfilled.
š§³ Essential Elements of Bailment:
Delivery of goods: Only movable goods can be bailed.
Purpose: There must be a specific reason or purpose.
Return/Disposal: The bailee must return or dispose of the goods after the purpose is completed.
Consent: Delivery must be voluntary and with mutual consent.
Possession, not ownership: Ownership does not transfer, only possession.
š Illustration:
A delivers his watch to B, a watch repairer, to get it repaired.
This is a bailment.
A is the bailor, and B is the bailee.
B must return the watch after repairing it.
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