Question 2 (d)

Bailment and pledge distinguished

6 marks

Time to write: About 12 minutes
Topic: Bailment and pledge
Notes: Crux notes

Question

Question 2 (d) · 6 marks

Difference between bailment and pledge.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

Difference betweenSet the differences out in a table, basis by basis, not as two separate essays.

Write it in this order

Read; underline the asks; jot your points 1 min
1 Bailment defined 1½ marks 2 min
2 Pledge defined 1½ marks 2 min
3 Differences 3 marks 5 min
Check: every ask answered, key terms underlined 2 min

123

Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Bailment. Bailment is the delivery of goods by one person (the bailor) to another (the bailee) “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” (s. 148).

Pledge. “The bailment of goods as security for payment of a debt or performance of a promise is called” a pledge. The bailor is then the pawnor and the bailee the pawnee (s. 172). Every pledge is a bailment, but not every bailment is a pledge.

Differences:

Basis	Bailment	Pledge
Purpose	Any purpose: safe custody, repair, carriage, hire	Only as security for a debt or the performance of a promise
Parties	Bailor and bailee	Pawnor and pawnee
Consideration	May be gratuitous or for reward	The debt or promise secured is the consideration
Use of goods	The bailee may use the goods only as the terms allow	The pawnee cannot use the goods
Right of sale	The bailee has no right to sell (only a lien for charges)	On the pawnor's default, the pawnee may sell after reasonable notice, or sue on the debt and retain the goods
Lien	A particular lien for services involving labour or skill (s. 170); bankers, factors, wharfingers, attorneys and policy-brokers have a general lien for a general balance of account (s. 171)	A right to retain the goods for the debt, its interest and the necessary expenses of possession or preservation (s. 173); extraordinary preservation expenses are recoverable from the pawnor but not a ground of retainer (s. 175)

Where the 6 marks sit

#	Component	Marks
1	Bailment defined	1.5
2	Pledge defined	1.5
3	Differences	3
	Total	6

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