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What are the rights of bailee in case of bailment…

What are the rights of bailee in case of bailment??

What are the rights of bailee in case of bailment??

Chiranjibi Aug. 16, 2018

Rights of the bailee in case of bailment can be understood with the help of following points.

1.  Rights to interplead (Sec. 165).

If a person, other than the bailor, claims the goods bailed, bailee may apply to the court to stop the delivery of the goods to the bailor and to decide the title to the goods. 

2.  Rights against third person (Sec. 180).

If a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or causes them any injury, the bailee is entitled to use such remedies as the owner might have used in a like case if no bailment has been made. Bailee can thus bring a suit against a third person for such deprivation or injury. 

3.  Right of particular lien for payment for services (Sec. 170).

Where the bailee has

  • in accordance with the purpose of bailment,
  • rendered any service involving the exercise of labour of skill,
  • in respect of the goods, he shall have
  • in the absence of a contract to the contrary,

the right to retain such goods, until he receives due remuneration for the services he has rendered in respect of them. Bailee has, however, only a right to retain the article and not to sell it. The service must have entirely been formed within the time agreed or a reasonable time and the remuneration must have become due. 

Please note that this right of particular lien shall be available only against the property in respect of which skill and labour has been used. 

For clarification 

  • A person delivers a rough diamond to jeweller, to be cut and polished, which is accordingly done. The receiver is entitled to retain the stone till he is paid for the services he has rendered. 
  • A person gives cloth a tailor, to make into a coat. The tailor promises him to deliver the coat as soon as it is finished, to give the person three month’s credit for the price. The tailor is not entitled to retain the coat until he is paid.