As part of the bailment relationship, the bailor has certain duties and rights:
Duties of Bailor
- Delivery of Possession: The bailor must deliver the personal property to the bailee for a specific purpose, and the bailee must have actual or constructive possession of the property.
- Disclosure of Known Defects: The bailor must disclose any known defects or potential problems with the property to the bailee. If the bailor fails to disclose known defects, they may be liable for any resulting damages.
- Payment of Charges: The bailor must pay any agreed-upon charges or fees for the bailee’s services, such as storage or transportation costs.
- Indemnify the Bailee: The bailor must indemnify the bailee for any losses or liabilities incurred while in possession of the property, unless the losses or liabilities were caused by the bailee’s negligence.
Rights of Bailor
- Right to Terminate Bailment: The bailor has the right to terminate the bailment at any time before the purpose of the bailment has been fulfilled. The bailor may also have the right to demand the return of the property if the bailee breaches their duties.
- Right to Receive Property: The bailor has the right to receive the property back from the bailee once the purpose of the bailment has been fulfilled, or according to the terms of the bailment agreement.
- Right to Sue for Damages: If the bailee breaches their duties and causes damage to the property, the bailor has the right to sue the bailee for damages.