Washington Bailment Agreement with Bailee to Maintain and Care for Property, and Assume Liability for Damage or Loss
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FAQ
The bailment contract embodying general principles of the law of bailments governs the rights and duties of the bailor and bailee. The duty of care that must be exercised by a bailee varies, depending on the type of bailment.
The bailee is liable for all injuries to the property from failure to properly care for or use it. Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract.
When a bailor receives the sole benefit from the bailment, the bailee has a lesser duty to care for the property and is financially responsible only if he or she has been grossly negligent or has acted in bad faith in taking care of the property.
The duty of the bailee is to return the goods without demand on the accomplishment of the purpose or the expiration of the time period. In case of his failure to do so, he shall be liable for the loss, destruction, deterioration, damages or destruction of goods even without negligence.
Liabilities of Bailor:1.To disclose the faults: Section 150 of the Contract Act states that the bailor is bound to disclose the faults in the goods of which he is aware.2.To repay necessary expenses: Section 158 of Contract Act states that if bailor is liable to pay necessary expenses to the bailee.More items...?
In a mutual benefit bailment, the standard of care is that of reasonable care. Failure to use reasonable care may subject the bailee to liability for any damages that may occur, unless the bailee limits its liability.
In a bailment for the sole benefit of the bailee, the bailee must use a high degree of care in taking care of the property bailed,must use the property only as agreed, and must return it when the bailment ends. The bailor has the right to have the property returned in a safe condition when the bailment ends.
Bailee's Duty of Care A higher standard of care is imposed upon a paid bailee. There's a lower standard of care imposed upon a bailee in a gratuitous bailment. With a bailment agreement or contract, the parties can agree to hold the bailee free from liability.
As per the section 148 of the Indian Contract Act, 1872, a bailment is a contract where one person delivers goods to another person for some purpose. The person delivering the goods is the Bailor and the person receiving the goods is the Bailee.
As mentioned above, the bailee is expected to take reasonable care with the property, even if there is no fee involved. The bailee must, therefore, return the goods to the bailor as they were entrusted. The bailor can sue for damages if he can prove the bailee did not use reasonable care during the bailment.
