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Directions: Read the passage and answer the question that follows.
Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.
Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.
  • a)
    Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.
  • b)
    Y is liable as he could not reveal the defect to X.
  • c)
    Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.
  • d)
    Both A and B
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the question that follows.Con...
Liability of Y in Bailment Contract
In the scenario presented, Y, the bailor, is liable for the injuries sustained by X and his fiancée due to the carriage accident. The following points clarify why option 'A' is the correct answer:
Duty of Care
- Y, as the owner of the cab-hire service, had a legal obligation to exercise diligent care over the carriage provided to X.
- This duty extends to ensuring that the carriage is in a safe and functional condition before it is handed over to the bailee (X).
Knowledge of Defects
- The Indian Contract Act states that a bailor for reward must ensure that the goods are reasonably safe for their intended purpose, regardless of whether they are aware of any defects.
- Y's lack of awareness of the defect does not absolve him of responsibility; he is still expected to perform due diligence to ascertain the condition of the carriage.
Implications of Negligence
- Since the defect in the carriage (a broken bolt) led to an accident, this indicates a failure on Y's part to maintain the carriage in a safe condition.
- The injuries suffered by X and his fiancée directly resulted from this negligence, making Y liable for damages.
Conclusion
- In summary, Y's responsibility to ensure the safety of the carriage is paramount. His claim of ignorance regarding the defect does not provide a valid defense. Therefore, Y is indeed liable for the injuries caused due to the unsafe condition of the carriage.
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Community Answer
Directions: Read the passage and answer the question that follows.Con...
As per the passage, it is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. The duty of a bailor for consideration is much greater. He is making profit from his profession; therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. Although, a person who lets out carriages is not responsible for all defects discoverable or not; he is not an insurer against all the defects which require care and skill. Yet his duty is to supply a carriage as fit for the purpose for which it is hired as care and skill can render it. As Y runs cab-hire services, he is duty bound to ascertain and reveal the defects if any.
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Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer?
Question Description
Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the question that follows.Contracts of bailment are a special class of contract. Section 148 of the Indian Contract Act 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 otherwise disposed off according to the directions of the person delivering them'. According to Section 150 of the Indian Contract Act, which deals with the duties of bailor, bailors are of two kinds viz. 1) Gratuitous bailor 2) Bailor for reward/consideration. It is the first and foremost duty of the bailor to disclose the faults about the goods bailed to the bailee. If he does not make such disclosure, he is responsible for any damage caused to the bailee directly from such faults. A gratuitous bailment can be terminated by the bailor at any time even though the bailment was for a specified time or purpose. But in such a case, the loss accruing to the bailee from such premature termination should not exceed the benefit he has derived out of the bailment. If the loss exceeds the benefit, the bailor shall have to indemnify the bailee. The duty of a bailor for consideration is much greater. He is making profit from his profession and, therefore, it is his duty to see that the goods which he delivers are reasonably safe for the purpose of the bailment. It is no defence for him to say that he was not aware of the defect. However, the bailee is bound to bear ordinary and reasonable expenses of bailment, but for any extraordinary expenses, the bailor is responsible. It is the duty of the bailor to receive back the goods when the bailee returns them after the expiry of the term of the bailment or when the purpose for which the bailment was created has been accomplished. If the bailor refuses to receive back the goods, the bailee is entitled to receive compensation from the bailor, the necessary expenses of custody/storage. Where the title of the bailor to the goods is defective and the bailee suffers as a consequence, the bailor is responsible to the bailee and may, by reason, sustain that the bailor was not entitled to make bailment, or to receive back the goods, or to give directions respecting them.Q. X wanted to spend a romantic evening with his fiancee in an old-fashioned manner. For this, he hired a carriage, from Y, who owned cab-hire services, a pair of horses and a driver. During the journey, a bolt in the under-part of the carriage broke, the splinter bar became displaced, the carriage became upset, and X and his fiancee got severely injured. They sued Y for damages. Y pleaded that the defect was not apparent and he was unaware of the same, so he could not make such disclosure and is hence not liable. Decide.a)Y is liable as it was his duty to take a diligent care of the carriage given in bailment and ascertain defects.b)Y is liable as he could not reveal the defect to X.c)Y's plea of not being liable stands on a solid footing; hence, he will not have to pay damages.d)Both A and BCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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