In addition, Bailee and Bailor are subject to special obligations and obligations that require them to act in a particular way to honour the lease agreement. In each contract, they are required to meet certain firm obligations, even if the treaty does not explicitly refer to such an obligation. Although the obligations depend on the facts of the case, certain obligations, such as the duty of care of the leaseee, are inherent in each derailment contract and are uniform and apply in all areas. Only «goods» can be saved and, as a result, only personal property can be derailed. Current money or legal course cannot be saved. Depositing money in a bank is not a blamine, because money is not a «commodity» and the same money is not returned to the customer. But coins and banknotes that no longer have legal tender and are more or less only objects of curiosity, then they can be saved. 1) Delivery to one of several co-sisters of the surety (section 165): In the case of bail of several co-owners, the leaseee may return them to a co-owner without the consent of all the owners if there is no agreement to the contrary. 1) Return of ownership: the delivery of possession of goods is essential to the derailment. The property of the bonds must be transferred from the Bailor to the Bailee and the goods must be returned to the leaseee to do everything that corresponds to the purpose of the derailment. Possession involves the control of goods and the intention to exclude others from the exercise of similar control over the same goods. Therefore, the leaseee must have effective physical control of the property with the intention of holding it for a valid derailment. In the event of decomposition, the property and ownership of the goods in question are never transferred.
Only the temporary holding of the security goods is transferred and the ownership of these goods remains in the bailor. The Bailor may require that the property be returned to it at any time. Such an informative and balanced contribution. Bailment is the change of possession of goods, not the transfer of ownership of property as in the sale. Some of the essential elements of the lease are: (i) contract. (ii) delivery of personal property. iii) Non-transfer of ownership. iv) objective. Illustration When A gives his car to B to his neighbors for 10 days, but at the same time he holds a key with him and during this period of 10 days he took the car.
This will not be a case of lease, as A retains control of the property on bail. Moreover, the position in America and England parallels the Recommendation of the Law Commission. Lord Coleridge, C.J., in R v Macdonald, noted that even without the contract, there could be a derailment. Under English law, there may be a bending without a contract. When a person deposits or delivers the goods in incriminating circumstances such as the deluge of fire, riots, or if the person depositing the goods is unable to estimate the value of the act, it is still considered a default despite the absence of a contract. Delivery of goods to another person under an identity error of the person is also treated as a non-contracted bail, provided that the bailor has appropriate care in determining identity. One of the requirements of the lease is the delivery of goods to the Bailee. The surrender of the property to the Bailee is sine qua non the lease.
To constitute a change in the lease of ownership, it is necessary to modify the property; Kavita Trehan/