Question 2 OR (c)
Bailment and pledge distinguished
6 marks
- Time to write
- About 12 minutes
- Topic
- Bailment and pledge
- Notes
- Crux notes
Question
Question 2 OR (c) · 6 marksDifferentiate 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
Read from the question
- Differentiate 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
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.
| 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, interest and expenses |
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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