Meaning of Bailment and Pledge

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Meaning of Bailment and Pledge

Published by: Anu Poudeli

Published date: 03 Aug 2023

Meaning of Bailment and Pledge

Let's look at the terms "bailment" and "pledge."

A.Bailment:

Bailment is a legal relationship in which one party (the bailor) temporarily gives another party (the bailee) possession of personal property for a defined reason. The bailor retains ownership of the property, but the bailee is responsible for its upkeep throughout the bailment time.

A bailment must contain the following elements:

1.Delivery of Possession: Possession must be transferred from the bailor to the bailee. The bailee must have actual possession of the property.

2.personal Property : Bailment only applies to personal property, not real estate or immovable assets.

3.Bailment Purpose: The bailment must have a specific purpose, such as safekeeping, repair, transportation, or any other agreed-upon goal.

4.Return of Property: Once the purpose of the bailment has been met or the agreed-upon period has expired, the property must be returned to the bailor or disposed with in accordance with their instructions.

5.Standard of Care: The bailee is responsible for taking reasonable care of the property. If the bailee fails to exercise due care and damages the property, the bailee may be liable for reparation.

Leaving your automobile with a valet, leaving your coat in a cloakroom, or entrusting your things to a moving firm during a relocation are all examples of bailment.

B.Pledge:

A pledge is a sort of bailment that entails utilizing personal property as collateral to secure a debt or obligation. The person supplying the property is known as the "pledgor," while the party receiving it as security is known as the "pledgee" or "pawnee."


A pledge's main characteristics are as follows:

1.Debt Security: A promise is made to offer security for a debt or loan. If the pledgor fails to repay the loan, the pledgee has the right to sell the pledged property to recoup the debt.

2.Possession and Ownership Transfer: In a promise, the pledgee receives possession of the pledged property, but the pledgor retains ownership. The pledgee must return the property to the pledgor after the loan is repaid.

3.Registration or Documentation : Pledges frequently necessitate documentation or registration in order to legally prove the security interest.

A common example of a promise is when a borrower gives a pawn shop their jewels or other expensive valuables in exchange for a loan. If the borrower repays the loan within the agreed-upon time frame, they will be able to collect their pledged items. If they fail to repay the loan, the pawn shop can sell the pledged items to recoup the loan amount.

Bailment and pledge are both important ideas in numerous legal and business transactions since they provide protection and assurance to all parties involved.