ipl-logo

Bailment Case Study

759 Words4 Pages

CONTRACT II: BAILMENT SYNOPSIS
1. Introduction: Contracts of Bailment are a special class of contract. These are dealt from S.148 to 181 of the Indian Contract Act, 1872. Bailment implies a sort of one person temporarily goes into the possession of another. The circumstance in which this happens are numerous. Delivering a cycle, watch or any other article for repair, delivering gold to a goldsmith for making ornaments, delivering garments to a dry cleaner, delivering goods for carriage, etc are all familiar situations which create the relationship of ‘Bailment’. Thus, Bailment is a subject of considerable public importance.
2. Definition of Bailment:
S. 148 defines ‘Bailment’ as “ 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 …show more content…

The basic features of possessions are control and an intention to exclude others. As such mere custody of goods does not create relationship of bailor and bailee. A servent who receives certain goods fromhis master to take a third party has mere custody of the goods, possession remains with the master and the servant does not become a bailee.
Case law: Kaliperumal v. Visalakasmi
In this case, a lady employed a goldsmith for melting her old jewellery and making new out of it. Every evening she received the unfinished jewellery and put it into a box kept at the goldsmith’s premises. She kept the key of that box with herself. One night jewellery was stolen from the box. The court held that, there was no bailment as the goldsmith had re-delivered to the lady i.e. the bailor, the jewellery bailed with him by her. Delivery of possession may be actual or constructive
• Bailment for some purpose: The delivery of goods from a bailor to bailee must be for some purpose. If goods are delivered by mistake to a person, there is no

Show More
Related

  • Florida Vs Colegio Case Study

    1080 Words  | 5 Pages

    Facts: Jose Colegio filled up his gas tank at a gas station and took off without making payment. Issue: Florida vs. Colegio (Will robbery be an appropriate charge?) Rule(s): Florida statues under title XLVI 812.13 Robbery - (1) “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear. 812.014 Theft. — (1) 

    Read More

  • How Did Ashlee Pridgen Commit The Act Of Burglary

    391 Words  | 2 Pages

    The victim Stephanie Chase is the mother of Kayleigh. Kayleigh was unaware that defendant Pridgen took the jewelry. After the defendant Pridgen did actually and intentionally deprive

    Read More

  • Summary: Immigrant Vs Defore

    570 Words  | 3 Pages

    In this situation it is not necessary to find out whether the items are lawfully owned. There are situations when items, not contraband at all, may be seized and submitted into evidence. In this case, if the coat had been priced fifty-one dollars rather than fifty dollars, it would have been a lawful arrest because the police officer might apprehend the defendant if a felony had been committed and there was a reasonable cause to think that he did it. In that case, there might

    Read More

  • 14th Amendment Due Process Clause Case Study

    194 Words  | 1 Pages

    Therefore, the following items were subject to forfeiture or seizure in violation of

    Read More

  • Victorian Bail Case Study

    1472 Words  | 6 Pages

    The Victorian Bail Act 1977 outlines the provisions of bail, Section 4(1) a provides a presumption in favour of granting bail. “Any person accused of an offence and being held in custody in relation to that offence shall be granted bail” (Bail Act 1977 (Vic), s. 4(1)). This means that anyone charged of an offence should be granted bail unless there are circumstances which justify the refusal of bail. Under Section 4(2) there is a presumption against bail for serious offences including serious drug offences and terrorism offences (Bail Act 1977 (Vic), s. 4(2). Since Frank was caught with both drugs and terrorist weapons in his possession, the only way that he could be granted bail is if he proves there were ‘exceptional circumstances’ or show cause of why the bail should be granted (Bail Act 1977 (Vic), s. 4(4).

    Read More

  • What Criminal Charge Is Dave Most Likely To Face?

    1006 Words  | 5 Pages

    Discuss any defenses. Larceny Larceny is primarily an infringement of another’s possessory interest in property. The elements of the offense are a trespassory taking and carrying away of personal property of another with the intent to permanently deprive the owner of possession of property. Sam broke into Pete’s Chrysler(property), hotwires it, drives it away (taking and carrying it away) and trades it with a drug dealer for bags of heroine (deprive the owner of possession of property).

    Read More

  • Birmingham Jail Case Study

    291 Words  | 2 Pages

    On May3 the Birmingham jail was filling rapidly and Commissioner Connor, made changes to police tactics to keep protesters businesses downtown. While children were marching and singing Connor ordered that Birmingham’s firefighters uses hoses, set at a very high level to be turned on the children marching. The power of the hoses ripped young boy’s shirts off, and pushed young women on top of cars. The blast of the water rolled children down the streets nd sidewalks. As children were being hosed upon bystanders began to throw rocks and bottles at law enforcement.

    Read More

  • Criminal Trespass Simulation Exercise Analysis

    1429 Words  | 6 Pages

    Theft is a charge that I would hold firm on due to the fact that he was in possession of the jewelry that belonged to the defendant. The defendant was found with jewelry that valued from $400 and $800. This would be a Class C misdemeanor and a fine of $500 with 30 days in jail. I believe that this is something that is a solid case. The only thing that concerns me is the possibility of an illegal search on behalf of the police officers.

    Read More

  • Essay On California Kidnapping

    1070 Words  | 5 Pages

    Research - Legal Content (Cyrus S. Tabibnia) California Kidnapping Laws Penal Code Section 207-210 – California Kidnapping See, California Penal Code Sections 207 – 210 to learn about the laws of California Kidnapping. The California PC Sections 207, 208, 209, and 210 describe ‘kidnapping’ as the act of forcibly taking another individual against his/her will. Under the PC section 207, ‘abducting’ is the act of forcibly holding, taking or confining a person against his or her self-will. By instilling the fear and using the force, the Defendant moves the victim from one place to another.

    Read More

  • Why Is Bail Bonds Important

    585 Words  | 3 Pages

    In this case, the actual title must be given to the court and will be returned once the individual complies with the terms of the bail agreement. Should they not appear in court, a lien is placed on the property and it will be forfeited by the accused. Another type of bond used to get someone freed from jail is a surety bond. In this case, a bail bonds person will post the bail in exchange for a fee based on a percentage of the bail amount. The bail bond agent or attorney who pays the bail is responsible for the guarantee that the defendant will show up for their court date.

    Read More

  • Bail Bond System

    831 Words  | 4 Pages

    The bail bond is more like third party that acts as a financial institution that pays the bail on behalf of the arrestee. The way bail bond system works is by making the arrestee pay upfront a nonrefundable percent to the bail bond company, this percent is usually 10% of the whole amount of the bail. [4] Then, the bail bond company pays the bond to the court and when the arrestee goes to his or her trial date the bond company will received the full amount of the bail they posted to the court for the released of the arrestee, so basically the bail bond company at the end receives all of its money back plus they get to keep the nonrefundable 10% that the arrestee paid up front. [4] There has been a lot of debates about the bail bond system because it is not for the benefit of indigent people because at the end indigent arrestees end up paying more than affluent arrestees who are able to pay for their bond themselves. In my opinion, I think that the author of the article is correct about describing the bail bond system as archaic.

    Read More

  • Pros And Cons Of The 8th Amendment

    744 Words  | 3 Pages

    The Eighth Amendment or Amendment VIII of the United States Constitution is part of the Bill of Rights, and declares that “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” , thus proscribes disproportionate bails , inequitable and degrading to human dignity sanctions for any types of criminal offenses, as well as monetary penalties that are exceptionally high. Amendment VIII is significant because according to the legal system of the United States of America, an individual accused of a crime is “presumed innocent until proven guilty” and therefore, allowing disproportionate bail amounts to be set, would carry the risk of holding innocent people in custody, sometimes

    Read More

  • Essay On California Kidnapping

    1191 Words  | 5 Pages

    Research - Legal Content California Kidnapping Laws Penal Code Section 207-210 – California Kidnapping See, California Penal Code (PC) Sections 207 – 210 to learn about the laws of California Kidnapping. The California PC Sections 207, 208, 209, and 210 describe ‘kidnapping’ as the act of forcibly taking another individual against his/her will. Overview of P.C. Sections 207/208/209/210 Here below are the different forms of kidnapping as per the Penal Code Sections: Under PC section 207, ‘abducting’ is the act of forcibly holding, taking or confining a person against his or her self-will. By instilling fear and using force, the Defendant moves the victim from one place to another.

    Read More

  • Essay On The Pros And Cons Of Pre-Trail Release

    891 Words  | 4 Pages

    That’s when is released from jail while the criminal case is pending. Usually begging with a bond which is a contract between bondsmen and defendant’s the defendant pays to get out of jail. There are three types of bonds personal recognizance bond this type is when a defendant promises they will show up to court also known as release on recognizance or (ROR) this is when the defendant is seen as reliable and has roots in the community. Since you can’t do that with every defendant another type of bails bond is a cash bond used in many states the defendant will have to post ten percent of the bail amount in cash with the court. Last but not least the most common type of bails bond used surety, Surety bond makes sure you show up to your court dates.

    Read More

  • Chattel House In Ramdass V. Bahaw-Nanan

    1008 Words  | 5 Pages

    The main issue to be addressed is whether a chattel house is a fixture or not. Lord Walker in Ramdass v. Bahaw-Nanan describes a chattel house as a “wooden structure which was used for human habitation but which, because of its structure, modest size and lack of solid foundations, could be physically and legally removed to another site. So if it had been built by a tenant he could remove it at the end of his tenancy.” It was also a crucial aspect to consider the movability as the tenant possess the ability to move the chattel house from one site to another .Evident in the recognition of such chattel house derived the existence of two types that were available .It

    Read More

More about Bailment Case Study

Open Document