Confusing Contract Concepts - Bailee vs Keeper under CPA (Sale of Goods Act, 1930)
cpc bar_exam beginner doubtYaar samajh nahi aaya, but I've been stuck on this for weeks. Can someone please help me differentiate between a bailee and a keeper under the Sale of Goods Act, 1930? Both seem to be handling goods for someone else, but what's the difference in obligations? A bailee takes possession of goods from a party, like in a sale or delivery, but has the duty of redelivery. But what about a keeper, who's also entrusted with goods, yet is not a bailee? Is it just about the intention? If someone gives their bike to their friend to keep for repair, is their friend a bailee or keeper? If I get this wrong on Bar Exam/AIBE, game over, right?
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Hey guys, let's break it down. In CPA, 1930, a bailee is defined as one who is lawfully in possession of goods, but is not necessarily the owner (Section 2(19)). A keeper, on the other hand, is simply someone who has possession of goods, but has not taken them under any title (Section 2(16)). Think of it like this - a bailee has a duty to return the goods, but a keeper might not even know they're supposed to return them!