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Contract law
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Mishthy Nagpal
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Cards (21)
Offer and acceptance are
essential
elements of a
valid contract.
Contracts can be
oral
,
written
, or
implied
by conduct.
Pledge in
contract
law
A
pledge
is the
delivery
of
goods
to a
bailee
as
security
for
payment
of
money
owed by the
bailor.
The
bailee
has an
equitable
interest in the
property
until it is returned upon repayment of the
debt.
If the bailor fails to pay the debt, the
bailee
may sell the
property
at
auction
and apply the
proceeds
towards the
outstanding
amount.
The
bailee
has an equitable interest in the
property
until the
debt
is paid off.
Bailment
occurs when one person (the
bailor
) entrusts another person (the
bailee
) with possession of their
property
for a
specific
purpose.
In a
gratuitous bailment
, there is no
consideration
given by the
bailee.
There are two types of bailments:
gratuitous
and
compensated.
Compensated bailments
involve some form of
compensation
or
reward
being provided to the
bailee.
In case of default, the
bailee
must take
reasonable
steps to notify the
bailor
and give them time to
redeem
the property.
Bailors
have
no right to recover their property
if they
fail to pay the debt.
An action for
damages
against the
bailee
will not lie unless there was
negligence
on his
part.
In case of default, the
bailee
must take all
necessary
steps to
recover
the
property
from
third
parties who hold it without
knowledge
of the
pledge.
Bailors
have a right to
reclaim
their
property
if they
pay off
the
debt
within a
reasonable time.
In cases where there is no
agreement
on how long the
property
will remain with the
bailee
, the
property
must be returned
immediately
upon
demand.
Bailors
have a right to
reclaim
their
property
if they make
full payment
within a
reasonable time.
There are two types of
gratuitous bailments
:
non-negotiable
and
negotiable.
An example of a
gratuitous bailment
is a car
rental company
allowing someone else to use their vehicle without receiving any
compensation
from them.
A
gratuitous bailment
can be either
temporary
or
permanent.