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Start Free TrialIndian Contract Act, 1872 Section 148
Title: Bailment, `bailor and `bailee Defined
State: Central
Year: 1872
A bailment 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 bailor. The person to whom they are delivered is called the bailee. Explanation.If a person already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods, although they may not have been delivered by way of bailment.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 151
Title: Care to Be Taken by Bailee
State: Central
Year: 1872
1 151. Care to be taken by bailee In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed.2 _______________________ 1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act 2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words "in the absence of any special contract" in section 152, see section 40(1) of the Act. 2. As to railway contracts see the Indian Railways Act, 1890 (9 of 1890), section 72. [Ed. The Indian Railways Act, 1890 (9 of 1890) has been repealed by the Railways Act, 1989 (24 of 1989), section 200.] As to the liability of common carriers, see the Carriers Act, 1865 (3 of 1865), section 8.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 152
Title: Bailee when Not Liable for Loss, Etc. , of Thing Bailed
State: Central
Year: 1872
1 152. Bailee when not liable for loss, etc. , of thing bailed The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed, if he has taken the amount of care of it described in section 151. _______________________ 1. The responsibility of the Trustees of the Port of Madras constituted under the Madras Port Trust Act, 1905 (Madras Act 2 of 1905), in regard to goods has been declared to be that of a bailee under these sections, without the qualifying words "in the absence of any special contract" in section 152, see section 40(1) of the Act.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 180
Title: Suit by Bailor or Bailee Against Wrong-doer
State: Central
Year: 1872
If a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made; and either the bailor or the bailee may bring a suit against a third person for such deprivation or injury.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 149
Title: Delivery to Bailee How Made
State: Central
Year: 1872
The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorized to hold them on his behalf.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 155
Title: Effect of Mixture, with Bailors Consent, of His Goods with Bailees
State: Central
Year: 1872
If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 161
Title: Bailees Responsibility when Goods Are Not Duly Returned
State: Central
Year: 1872
1 161. Bailee's responsibility when goods are not duly returned Ifby the default of the bailee, the goods are not returned, delivered or tenderedat the proper time, he is responsible to the bailor for any loss, destructionor deterioration of the goods from that time.2 _______________________ 1. Section161 has been declared to apply to the responsibility of the Trustees of thePort of Madras as to goods in their possession, see the Madras Port Trust Act,1905 (Madras Act 2 of 1905). 2. As toRailway contracts, see the Indian Railways Act, 1890 (9 of 1890), section 72 [Ed. The Indian Railways Act, 1890 (9 of 1980) has been repealed by the RailwaysAct, 1989 (24 of 1989), sec. 200.]
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 164
Title: Bailors Responsibility to Bailee
State: Central
Year: 1872
The bailor is responsible to the bailee for any loss which the bailee may sustain by reason that the bailor was not entitled to make the bailment, or to receive back the goods or to give directions, respecting them.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 166
Title: Bailee Not Responsible on Redelivery to Bailor Without Title
State: Central
Year: 1872
If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery.1 _______________________ 1 . See the Indian Evidence Act, 1872 (1 of 1872), section 117.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 117
Title: Estoppel of Acceptor of Bill of Exchange, Bailee or Licensee
State: Central
Year: 1872
No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorese it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. Explanation 1.--The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn. Explanation 2.--If a bailee delivers the goods bailed to a person other than the bailor, the may prove that such person had a right to them as against the bailor.
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