Question 3 OR (a)

Distinctions: bailment and pledge; sub-agent and substituted agent; indemnity and guarantee

12 marks

Time to write
About 24 minutes
Topic
Short notes and true or false across several topics
Notes
Crux notes

Question

Question 3 OR (a) · 12 marks

Distinguish between each of the following pairs:

  1. Bailment and Pledge

  2. A sub agent and a substituted agent

  3. Indemnity and Guarantee

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

24 minfor 12 marks

Read from the question

  • (i)–(iii)3 items, each marked on its own: give each its share.
  • Distinguish betweenSet the differences out in a table, basis by basis, not as two separate essays.

Write it in this order

The parts stand alone: start with the one you are surest of.

  1. Read; underline the asks; jot your points 2 min
  2. 1 (i) Bailment and pledge 4 marks 7 min
  3. 2 (ii) Sub-agent and substituted agent 4 marks 7 min
  4. 3 (iii) Indemnity and guarantee 4 marks 6 min
  5. Check: every ask answered, key terms underlined 2 min

Short on time? A few lines on every part beat a full answer to one: each part is capped at its own marks.

Try it first. About 24 minutes for 12 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.

(i) Bailment and pledge. Bailment is the delivery of goods for a purpose, upon a contract that they be returned or disposed of according to the bailor's directions when the purpose is accomplished (s. 148). Pledge is a “bailment of goods as security for payment of a debt or performance of a promise” (s. 172).

Picture itDistinctions: bailment and pledge; sub-agent and substituted agent; indemnity and guarantee

1Rain ruins the stored crates; the godown keeper pays Dinesh for the loss himself, as promised.

IndemnityThe promisor undertakes to make good a loss the promisee may suffer.

2Three people now: the borrower comes up empty, and his surety steps forward to answer for him.

GuaranteeThe promisor (the surety) undertakes to answer for a third person, the principal debtor, if that person fails to pay or perform what he owes to the creditor.

BasisBailmentPledge
PurposeAny purpose (custody, repair, carriage, hire)Security for a debt or promise
PartiesBailor, baileePawnor, pawnee
Use of goodsAs the terms allowPawnee may not use the goods
Right of saleNone; only a lien for chargesPawnee may sell on default, after reasonable notice

(ii) Sub-agent and substituted agent. “A sub-agent is a person employed by, and acting under the control of, the original agent in the business of the agency” (s. 191). A substituted agent is a person whom the agent, having express or implied authority to name another, names to act for the principal; such a person is not a sub-agent but becomes the principal's agent for the part of the business entrusted to him (s. 194).

BasisSub-agentSubstituted agent
Appointed byThe agent, under the agent's controlThe agent, on the principal's authority, for the principal
PrivityNone with the principal; responsible to the agentDirect relation with the principal
LiabilityThe agent is responsible to the principal for his actsResponsible directly to the principal; the agent is liable only if he failed to use ordinary prudence in selecting him

(iii) Indemnity and guarantee:

BasisIndemnityGuarantee
PartiesTwo: indemnifier and indemnity holderThree: creditor, principal debtor, surety
ContractsOne contractThree contracts among the parties
LiabilityPrimary and independentSecondary; arises on the principal debtor's default
Right to sue third partyIndemnifier cannot sue a third party in his own name (no privity) unless the right is assignedSurety, on paying, gets all the creditor's rights against the principal debtor
PurposeReimbursement of lossSecurity for the creditor

Where the 12 marks sit

#ComponentMarks
1(i) Bailment and pledge4
2(ii) Sub-agent and substituted agent4
3(iii) Indemnity and guarantee4
Total12
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