Contract act english

  

Contract act 

Section 147 

Liability of co sureties bound in different sums 

Co Sureties who are bound in different sums liable to pay  equally as far as the limits of their respective obligation permit .

Illustrations 

A.A ,B and C as sureties for D enter into three several bond each in different penalty namely.A in the penalty of 10,000/ rupees ,B in that of 20,000/ rupees ,C in that of 40,000/ rupees .conditioned for D 's duly accounting to E .D makes default to the extent of 30000/ .A ,B and C are liable to pay 10,000 rupees.

B.A ,B and C as sureties for D .enter into three several bonds each in different penalty namely .A  in the payment of   10,000 rupees ,B in that of 20,000/ C in that of 40,000/ rupees .conditioned for D ' s duly accounting  to E .D makes default to extent of 40,000/ rupees .A is liable to pay 10,000/rupees and B and C 15,000 each .

c.A ,B and C as sureties for D enter into three several bonds each in a different penalty namely A in the penalty of 10,000 rupees .B in that of 20,000/ rupees .C in that of 40,000/ rupees conditioned for D 's duly accounting to E ,D makes default to the extent of 70,000/ rupees A ,B and C have to pay each the full penalty of his bond.

Chapter no 9 

Section 148.

Bailment,bail and bailee defined -----

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 direction of the person delivering them .the person delivering the goods is called 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 

Landmark case 1

Altzon versus Nicols 

Here plaintiff used to go to a restaurant  to eat food .when he used to go  there .a waiter used to take his coat 🧥 and put it on hangar .one day his coat had been stolen . although the waiter had done this for welcome courtesy .but a contract of bailment had been raised .so the owner of hotel is responsible for this loss .

Landmark case no.2 

Kalia perumal Pillay versus vis laxmi 

In this case there was an old lady she used to go to a gold smith .in the evening she used to take incomplete jewellery and put into a cupboard .she used to lock it .one day jwellery was stolen .in this case the gold smith was not liable for this theft .because contract of bailment had not been arised between that woman and gold smith .

Section 149 

Delivery to bailee how made----

Delivery to bailee how made ----;

The deliy to the bailee may be made by doing 

Anything which has the effect of parting 

The goods in the possession of the intended bailee or of any person authorised to hold them on his behalf.

Landmark case of constructive possession 

Fazal versus Salamat Rai 

Respondent had taken a mare of plaintiff in the execution of a decree . plaintiff had paid the money and court ordered to give his mare .he refused to give money . respondent had wanted to take money of its feeding .the mare had been stolen .

Decision ----this is the example of constructive possession .the respondent was liable to  pay the compensation .because contract of bailment had been  arised between plaintiff and respondent.

Landmark decision no.2

Ram Gulam versus state of UP

In this case jwellery of plaintiff had been stolen .the police had arrested the theif and recovered the stolen jwellery .but stolen jwellery had been stolen again from custody of police .the plaintiff had wanted his stolen jwellery.

Decision ---there was no contract between plaintiff and police .so plaintiff could not take any jwellery from police 

Non contractual bailment 

Lasal gaon merchants cooperative society bank ltd.versus prabhu das haathi bhai.

Some boxes of tobacco had been kept in a godown .all the goods had been pledged in the bank.some partners did not give their income tax.so income tax officer had taken in their possession.and locked that godown the tobacco had been spoiled due to excessive rain ☔.here the responsibility of government is like a bailee despite non contractual bailment.

Section 150 

Bailor 's duty to disclose faults in goods bailed

The bailor is bound to disclose to the bailee faults in the goods bailed 

Of which the bailor is aware and which materially interfere with the use of them 

Or expose the bailee to extraordinary risks and if he does not make such disclosure 

He is responsible for damage arising to the bailee directly from such faults 

If such goods are bailed for hire the bailor is responsible for such damage whether he was or was not aware of existence of such faults in the goods bailed .

Illustrations 

A.A lends a horse which he knows to be vicious  to B .he does not disclose the fact that horse is vicious .the horse runs away .B is thrown and injured .A is responsible to B for damage sustained.

b.A hires a carriage of B .the carriage is unsafe through B is not aware of it and A is injured.B is responsible to A for injury .

Landmark case no.1

Hymen and wife versus Nai and sons 

Plaintiff had hired a chaise of two horse 🐎 🐎 🐎 from respondent  to enjoy picnic .bolt of this chaise had been broken and all the family had injured due to carelessness of the respondent .the respondent had lied responsible for their negligence and carelessness.

Landmark decision no.2

Reed versus Deen 

Plaintiff had hired a motor launch to enjoy their summer vacation at the thames river .the fire had been broken out in this motor launch .the extinguisher was out of order so the could not douse the fire 🔥.the respondent held  responsible in this situation .they held responsible for their carelessness under section 150 of Indian contract act .

Section 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