Sale and Bailment:
A‘bailment’ is the delivery of goods for some specific purpose under a contract on the condition that the same goods are to be returned to the bailor or are to be disposed ou according to the directions of the bailor. Provisions related to bailment are regulated by the Indian Contract Act, 1872.
The diuerence between bailment and sale may be clearly understood by studying the following:
Basis of difference
|
Sale
|
Bailment
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Transfer of property
|
The property in goods is transferred from the seller to
the buyer.
|
There is
only transfer of possession of goods from the bailor to the bailee for any of
the reasons like safe custody, carriage etc.
|
Return of goods
|
The return of goods in
contract of sale is not possible.
|
The bailee must return
the goods to the bailor on the accomplishment of the purpose for which the
bailment
was made.
|
Consideration
|
The
consideration is the price in
terms of money.
|
The
consideration may be gratuitous
or non-gratuitous.
|
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