Source: 6)b)6m,MTP2,May20256 Marks
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Question Scenario

Explain the circumstances under which a contract of bailment may be terminated under the Indian Contract Act, 1872.

Estimated Writing Time: 10 mins Try in Practice Mode

Suggested Answer

A contract of bailment shall terminate under the Indian Contract Act, 1872 in the following circumstances:\n1) On expiry of stipulated period: If the goods were given for a stipulated period, the contract of bailment shall terminate after the expiry of such period.\n2) On fulfillment of the purpose: If the goods were delivered for a specific purpose, a bailment shall terminate on the fulfillment of that purpose.\n3) By Notice: (a) Where the bailee acts in a manner which is inconsistent with the terms of the bailment, the bailor can always terminate the contract of bailment by giving a notice to the bailee. (b) A gratuitous bailment can be terminated by the bailor at any time by giving a notice to the bailee. However, the termination should not cause loss to the bailee in excess of the benefit derived by him. In case the loss exceeds the benefit derived by the bailee, the bailor must compensate the bailee for such a loss (Sec. 159).\n4) By death: A gratuitous bailment terminates upon the death of either the bailor or the bailee.\n5) Destruction of the subject matter: A bailment is terminated if the subject matter of the bailment is destroyed or there is a change is in the nature of goods which makes it impossible to be used for the purpose of bailment.

Exam Strategy Tip

When answering law questions in the CA Foundation exam, follow the "Provision -> Facts -> Conclusion" structure for maximum marks. Ensure to state the relevant sections where applicable to earn bonus marks from the evaluator.

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