Daily Passage Test for CLAT - Aug 5 MCQs & solutions Free

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.
[Extracted, with edits and revisions, from Bailment and related provisions, blog by legalservicesindia]

Q. X was a hatchery owner. Y intended to hatch 20 duck eggs that she had brought from a farm. Additionally, he gave X instructions to deliver the ducklings to Y's house when they are one week old. Only 15 ducklings, however, were able to make it to week old. The eighth day after the ducklings were born, X brought them to Y's house. Because X was not sending 20 ducklings and had delayed the delivery by one day, Y refused to accept the delivery. X then made his way to his home. Z, Y's personal assistant, was present and saw the event. Z was informed by X that Y had not been in a good mood for the previous two days and was becoming irritated with everyone for no apparent reason. He also promised X that once Y was convinced that X was not at fault, he may order ducklings and give them to Y. However, X insisted for $50 from Z since he knew he would have to return the ducklings and that the cost of shipping would be far higher for X. Z also concurred. X added $50 to the bill for using the hatchery's services, and Z agreed to pay it to X. Is X's addition of $50 acceptable?

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.
[Extracted, with edits and revisions, from Bailment and related provisions, blog by legalservicesindia]

Q. X loans his neighbor Y his car for two days while Y attends a wedding. Y filled the tank with fuel from his pocket, some of which was left over for the vehicle. Before departing, Y also paid for his laundry and dry cleaning. The car was struck by a truck being driven rashly as Y entered the street where X and Y lived. Since X wasn't in town at the time, Y took the automobile to be fixed and paid for it. Upon X's return, Y requested payment for the repairs. Since Y caused the accident, X refused to pay the same. Additionally, X requested payment from Y for pending denting and painting, for which Y in turn sought payment for the cost of any leftover fuel, car washing, and dry cleaning. Decide.

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.
[Extracted, with edits and revisions, from Bailment and related provisions, blog by legalservicesindia]

Q. Since they were kids, X and Y have been good friends and are well familiar with one another. Because of habit and his knowledge that Y was a fierce horse rider, X made an effort to stride every horse. After riding the horse, X discovered that it had an illness on his lower abdomen, which made hitting it there dangerous for riders, especially inexperienced ones. The horse had recently been purchased by X. Upon seeing X's horse, Y requested that X trade it in so they could go for a ride in the countryside together. X concurred with the same. Y once more took this horse for a stride out of habit, striking the animal on the lower abdomen. Y had to go to the hospital as a result of the horse running amok and hitting him against a rock. Y made a damage claim against X. Decide.

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.
[Extracted, with edits and revisions, from Bailment and related provisions, blog by legalservicesindia]

Q. According to Section 148 of the Indian Contract Act, what is the definition of 'bailment'?

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.
[Extracted, with edits and revisions, from Bailment and related provisions, blog by legalservicesindia]

Q. In a bailment for reward or consideration, what is the duty of the bailor regarding the condition of the delivered goods?