Contract of Bailment and Responsibilities of Bailee

Abstract

This study is based on concepts of law of bailment which is very important topic in the law of contract. Bailment can be an expressed or an implied contract involving two parties; bailor who delivers the goods to another person and bailee to whom the goods are delivered. It is upon a contract that goods when the purpose is accomplished shall be returned or otherwise disposed of according to the directions of the person delivering them. This study outlines the nature of bailment, duties and liabilities of a bailee and concept of bailment in Islamic Contract Law. Bailment in contract act is limited to moveable goods only. Bailments are important to virtually everyone in modern times, anyone who has ever delivered a car to a parking lot attendant, checked a coat in a restaurant, deposited property in a safe-deposit box, rented tools or given items, clothes or appliance into a shop for repair or other services etc. Therefore, it is very important to realize the duties and responsibilities which a bailee incurs as a result of contract of bailment. The most important of all is his responsibility to take due care and diligence in protecting the bailed goods as he is required to return them after accomplishment of purpose for which they were bailed. This duty is also given very much importance in Islam as well and to ensure it burden of duty is placed on bailee in case of loss of goods. Contract Act of Pakistan, 1872 lays down all the rules essential for the contract of bailment. In case of any loss or damage to goods, bailor is entitled to recover the compensations from Bailee where bailee is negligent in handling goods and acts out of his authority.

Keywords: Bailment, Contract Act of Pakistan, duties of bailee, cargo services, Islamic law, waqf, trustworthiness, duty of care, unauthorized use, common law, civil law, Quranic verses, remedies, ethical responsibilities