State the essential elements of a contract of bailment.

CA Foundation · Business Laws · MTP · January 2026
State the essential elements of a contract of bailment.

Suggested Answer and Working Notes:

Essential elements of a contract of bailment: Section 148 of the Indian Contract Act,1872 defines the term ‘Bailment’. 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 essential elements of the contract of the bailment are: (i) Contract: Bailment is based upon a contract. The contract may be express or implied. No consideration is necessary to create a valid contract of bailment. (ii) Delivery of goods: It involves the delivery of goods from one person to another for some purposes. Bailment is only for moveable goods and never for immovable goods or money. (iii) Purpose: The goods are delivered for some purpose. The purpose may be express or implied. (iv) Possession: In bailment, possession of goods changes. Change of possession can happen by physical delivery or by any action which has the effect of placing the goods in the possession of bailee. The change of possession does not lead to change of ownership. In bailment, bailor continues to be the owner of goods. (v) Return of goods: Bailee is obliged to return the goods physically to the bailor. The goods should be returned in the same form as given or may be altered as per bailor’s direction.

Topics: The Indian Contract Act, 1872

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