by Rights and Duties of Bailor and Bailee
Under Indian contract law, the bailor and bailee have certain rights and duties that they must fulfil in a bailment relationship. These include:
Rights and Duties of the Bailor:
- Right to receive the property back: The bailor has the right to receive the property back from the bailee once the purpose of the bailment is fulfilled.
- Duty to disclose defects in the property: The bailor has a duty to disclose any defects in the property that may affect its use or value.
- Duty to indemnify the bailee: The bailor has a duty to indemnify the bailee against any loss or damage caused due to defects in the property that were not disclosed.
- Right to terminate the bailment: The bailor has the right to terminate the bailment at any time, provided that the purpose of the bailment has not been fulfilled.
- Duty to pay expenses: The bailor has a duty to pay all expenses related to the bailment, including storage, transportation, and other charges.
- Duty to compensate for damage: If the bailor breaches any of his duties, he is liable to compensate the bailee for any loss or damage caused.
Rights and Duties of the Bailee:
- Right of Possession: The bailee has the right to possess the property during the period of the bailment.
- Duty of Care: The bailee has a duty to take reasonable care of the property, and to use it only for the purpose for which it was bailed.
- Duty to return the property: The bailee has a duty to return the property to the bailor once the purpose of the bailment is fulfilled.
- Right to receive compensation: If the bailment is non-gratuitous, the bailee has the right to receive compensation for his services.
- Duty to compensate for damage: If the bailee breaches any of his duties, he is liable to compensate the bailor for any loss or damage caused.
- Right to lien: The bailee has the right to retain possession of the property until he receives payment of his lawful charges.
- Right to sue: The bailee has the right to sue the bailor for any loss or damage caused due to defects in the property that were not disclosed.
Finder of Lost Goods
Under Indian law, the finder of lost goods is entitled to certain rights and is subject to certain duties.
Rights of the Finder:
- Right to possess the lost goods: The finder of lost goods has the right to possess them, and to keep them until the true owner comes forward.
- Right to compensation for expenses: The finder has the right to receive compensation for any reasonable expenses incurred in preserving the lost goods.
- Right to a reward: If a reward has been offered for the return of the lost goods, the finder is entitled to claim it.
Duties of the Finder:
- Duty to take reasonable care of the lost goods: The finder has a duty to take reasonable care of the lost goods, and to protect them from damage or theft.
- Duty to make a reasonable effort to find the true owner: The finder must make a reasonable effort to find the true owner of the lost goods.
- Duty to deliver the lost goods to the true owner: Once the true owner is identified, the finder has a duty to deliver the lost goods to him/her.
- Duty to surrender the lost goods to the police: If the true owner is not found within a reasonable time, or if the finder is unable to locate him/her, he/she must surrender the lost goods to the police.
