Bailment and Pledge are those matters which are governed by
the special types of contract. It is specific types of transaction between the
parties that play significant role in the operation of business. Bailment is a border
term under which pledge is also compromised one of special form. It is one of
the important areas to be addressed by the contract law. Nepalese Contract Act,
2000 has dealt the general principles in relation to this contract under its
chapter 5 and 6. They are mentioned separately as underneath:
A.
Bailment
A contract of bailment is one of the branch
of general contract since it has to comply all the necessary elements of
general contract. It is special in the sense that it comprises special matter
under which party hands over certain movable goods to another party for certain
purpose one returnable basis. This term bailment is received from the French
term baillier. It means to deliver or handing over. A bailment is conditional
delivery of goods by a person to another for definite purpose and after the
fulfillment of purpose; the goods delivered have to be returned. The essence of
bailment is to change the actual possession of goods; it does not comprise the
transfer of ownership of goods like sale. Its common illustrations are hiring
of goods, furniture cycle, delivering of cloth to a tailor for making suit,
delivering a car or scooter for repairing, delivering dress to dry cleaner,
etc.
Section 25 of Contract Act, 2000 defines: A
contract relating bailment shall be deemed to have been concluded in case any person
delivers any property to another person on a returnable basis or for handing it
over to any other person or selling it as ordered by him/her. The same section
has provided that a deed must be execute while bailing any property worth more
than Five Thousand Rupees.
Some Examples of contract of bailment
1.
A hires 60 chairs from B for using in marriage
ceremony
2.
A gives his suit to B, a dry cleaner for washing
3.
A gives his motorcycle to B for repairing
4.
A gives his watch to be for repairing
5.
A hand over his cow to B, a veterinary doctor,
for treatment.
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