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Elective Business Law

Business LawTU Board 2082 (old course)

What is contract of bailment?

2

Answer

· Based on the official syllabus and past papers
Updated
Transfer of possession (not ownership) of goods from one perDefinitionExample: Bailor hands over goods to bailee1. Delivery of goods (physical transfer of possession)Example: Repairing a watch, storing clothes, transporting go2. Specific purpose (e.g., repair, storage, transportation)Example: Bailee returns repaired watch or equivalent value3. Return of goods (or their equivalent) after purpose is fuExample: Bailee cannot sell goods without bailor’s consent4. No transfer of ownership (bailee remains owner)Key ElementsNepal Contract Act, 2074 (Section 188–197)Legal BasisContract of Bailment
Hierarchical breakdown of the contract of bailment with examples for clarity

A contract of bailment is a special type of contract where one party (the bailor) delivers goods to another (the bailee) for a specific purpose, without transferring ownership. The bailee holds the goods temporarily and must return them (or their equivalent) after fulfilling the agreed purpose. Key features include:

  • Delivery of possession (not ownership).
  • Specific purpose (e.g., repair, storage, or transportation).
  • Mutual obligations: The bailee must take reasonable care, while the bailor must compensate for any loss/damage.
  • Return of goods: The bailee must restore the goods (or their value) after the purpose is served.

This contract is governed by Section 148 of the Contract Act, 2072 (Nepal). Examples include parking a vehicle, storing goods, or lending personal items. Unlike a sale, ownership does not transfer; only possession does.

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