Contract act section

 Section 160 ----Return of goods bailed ,on expiration of time or accomplishments of purpose .---it is the duty of the bailee to return or deliver according to the bailor 's directions the goods bailed without demand as soon as the time for which they were bailed has expired or the purpose for which they were bailed has been accomplished.


Section 161 ---Bailee 's responsibility when goods are not duly returned ---if by the fault of the bailee ,the goods are not returned delivered or tendered at the proper time ,he is responsible to the bailor for any loss destruction or deterioration of the goods from that time .


Landmark case no.1 

Shaw and company versus siman and sons .

Plaintiff had given his book to respondant to cover his books .the respondent was about to return plaintiff 's books .the respondent had not returned his books .the books w gutted in fire ЁЯФе after some times . although there was no mistake of respondent in this fire .yet the respondent was  to given compensation for loss.



Section 162 ---termination of gratuitous bailment is terminated by death either of the bailor or the bailee .



Section 163 ---Bailor entitled to increase or profit from goods bailed ----in the absence of any contract to the contrary the bailee is bound to deliver to the bailor or according to his directions any increase or profit which may increase or according to his directions any increase or profit which  may have accrued from the goods bailed.

Illustrations 

A leave a cow in the custody of B to be taken care of the  cow has a calf .B is bound to deliver the calf as well as the cow is .

Section 164 -----bailor 's responsibility to bailee ----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.


Section. 165 bailment by several joint owners ---if several joint owners of goods bail them the bailee may deliver them back to or according to the directions of one joint owner without the consent of all in the absence of any agreement to the contrary


Section  166 .Bailee not responsible on redelivery to bailor without title -----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.



Section 167---right of third person claiming goods bailed ----if a person other than the bailor claims goods bailed he may apply to the  court to stop delivery of the goods to the bailor and to decide the title to the goods .


Landmark case no.1

Juggi lal kamlapat oils ltd. Versus union of India

Some oil was sent  from kanpur to Calcutta .the oil was reached calcutta in good condition .but the senders had wanted to return his oil again .the railway had started to return this oil .but this oil had been seized and destroyed by railway according  court 's order.because it was spurious .here bailee was not responsible because he had done this work due to court's orders and according law .





Section 168----Right of finder of goods may sue for specific reward offered --

The finder of goods has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him preserve the goods and to find out the owner but he may retain the goods against  the owner until he received such compensation and where the owner had offered  a specific reward for the return of goods lost the finder may sue for such reward and may retain to the goods until he receives it .



Section 169------when finder of things commonly on sale may sell it ---when a thing which is commonly the subject of sale is lost if the owner cannot with reasonable diligence be found or if he refuses upon demand to pay the lawful charges of the finder the finder may sell it.

1.when the things is in danger of perishing or Of losing the greater part of its  value of

2.when the lawful charges of the finder in respect of the thing found amount to two thirds of its value 



Section 170

Bailee 's particular lien--where the bailee has in accordance with the purpose of the bailment rendered any service involving the exercise of labour or skill in respect of the goods bailed he has in the absence of a contract to the contrary a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them



Illustrations 

a.A delivers a rough diamond to B .a jweller to be cut and polished which is accordingly done B is entitled to retain the stone till he is paid for the services he has rendered.


b.A gives cloth to B a tailor to make into a coat .B promises A to deliver the coat as soon as it finished and to give a three months credit for the price B is not entitled to retain the coat untill he is paid.


Landmark case 

Hatton versus car maintenance company 

The owner of car had given his car for security at definite annual fee.the company did not get that fee.so a case had been filed to get fee.company did not make this car better .so in this way the company did not do this act for fee under this section.


Landmark decision no.2

Idul ji versus kaife jhon brothers 

Bailor  had given his old  refrigerator to seller to repair .when it was repaired then it was given to bailor . Although bailor did not give that money .it had out of order again .it was given to seller again .the bailee retained this for previous repairing .but he cannot retain this .because his right hand been finished when he had given this fridge to the bailor first 





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