QUASI CONTRACTS

Supply of Necessaries
Payment by interested person
Obligation to pay for non-gratuitous
acts
Responsibility of finder of goods
Done by mistake or coercion
Bailment and Pledge
According to Sec 148 of the Contract Act,
1872, A bailment is 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 of according to the directions of the
person delivering them.

The person delivering the goods is called the
bailor, the person to whom they are delivered is
called the bailee and the transaction is called
the bailment.
Essentials of Bailment
It is a delivery of movable goods by one
person to another (not being his servant).
According to Section 149 the delivery of goods
may be actual or constructive.
The goods are delivered for some purpose.
When they are delivered without any purpose
there is no bailment as defined under Sec 148
The goods are delivered subject to the
condition that when the purpose is
accomplished the goods are to be returned
in specie or disposed of according to the
directions of the bailor, either in original form
or in altered form.



Duties of the Bailee
(i) Duty to take reasonable care of goods
delivered to him [Sec 151]
(ii) Duty not to make unauthorized use of
goods entrusted to him [ sec 154]
(iii) Duty not to mix goods bailed with his own
goods [ Sec 155]
(iv) Duty to return the goods [ Sec 165]
(v) Duty to deliver any accretion to the goods
[Sec 163]
Duties of the Bailor
(i) Duty to disclose fault in the goods bailed
[Sec 150]
(ii) Duty to repay necessary expenses in case
of gratuitous Bailment [Sec 158] e.g.
bailment of horse and expenses incurred
towards feeding and medical care of the
horse to keep it alive.
(iii) Duty to repay any extraordinary expenses
in case of non-gratuitous expenses
(iv) Duty to indemnify bailee [Sec 164]
Rights of Bailee
(i) Enforcement of Bailors Duties
(ii) Right to deliver goods to one of several
joint owners
(iii) Right to deliver goods, in good faith, to
bailor without title, without incurring any
liability to the true owner
(iv) Right of Lien


Rights of the Bailor
(i) Enforcement of Bailees Duties
(ii) Right to terminate bailment if the bailee
uses the goods wrongfully [ Sec 153]
(iii) Right to demand return of the goods at
any time in case of gratuitous bailment
[Sec 159]
Pledge or Pawn
According to Sec 172, Contract Act, 1872,
The bailment of goods for repayment of a
debt or performance of a promise is called
pledge. The bailor in this case is called the
pawnor, the bailee is called the pawnee.
Distinction between Bailment & Pledge
Pledge Bailment
Pledge is the bailment for
a specific purpose i.e. to
provide security for a
debt or for fulfillment of
object.
The pledgee has right to
sale on default after
giving notice thereof to
the Pledger.

Bailment is for a purpose
i.e. for repairs, safe
custody etc.

No right to sale. The
bailee may either retain
the goods or the bailor
for non-payment of his
dues
Essential Features of a valid
pledge
Delivery of possession
Delivery should be upon a contract
Delivery should be for the purpose of
security
Delivery should be upon condition to
return
Duties of a Pawnor

Duty to repay the loan

Duty to pay expenses in case of
default

Duties of a pawnee

Duty not to use pledged goods

Duty to return the goods
Right of Pawnor


Right to redeem the goods pledged

Right to receive the increase
Right of Pawnee

Right to retain the pledged goods
Right to extra ordinary expenses
Right in case of default of the pawnor
Right to sell the goods