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Concept of Bailment

  Q.9. Define the terms "bailment", "bailor" and "bailee" giving illustrations. What are the duties of the bailor and bailee? What is the kind of care expected from the bailee according to Section 151 of the Contract Act? Section 148 of the Indian Contract Act, of 1872 provides   "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 is already in possession of the goods of other, 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."   One of the requirements of b...

Contract of Indeminity and Guarantee

  Q. 8 Define and  Distinguish between the contract for indemnity and guarantee. What are the differences between Indian and English law? (b) How far do you agree with the maxim of law that you must be damnified before you can claim to be indemnified? Refer to relevant judicial pronouncements. (c) "The Liability of a surety is co-extensive with that of the principal debtor". Discuss. (d) What are the Rights of sureties.     Ans . In simple words Indemnity" means protection to a person from loss. It contemplates a promise from one person to another that in the eventuality of any loss to the latter either because of the promisor himself or the third person, the promisor will compensate for such loss. According to Section 124 of the Indian Contract Act   "A contract of indemnity means a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person." ...