Section 252 The Indian Contract Act, 1872
Section 252 – Indian Contract Act, 1872
Title: Bailment for reward, and when it becomes gratuitous
Bare Act Language:
Section 252.
Where one person delivers goods to another for reward, and the person receiving them does not undertake to return or to keep them safely, the bailment is considered gratuitous (without reward).
🔍 Explanation:
This section clarifies that if goods are delivered for a reward (payment) but the recipient does not promise to either:
Return the goods, or
Keep them safely,
then the contract is treated as a gratuitous bailment — meaning the recipient is not legally bound to take the same level of care as in a bailment for reward.
✅ Key Points:
Bailment implies a contractual duty to take care and return the goods.
Without an undertaking to return or keep safely, it is not a bailment for reward.
The recipient’s liability is reduced if it is gratuitous.
🧑⚖️ Example:
A gives goods to B and pays him for taking care. But if B does not promise to return or keep the goods safe, B’s responsibility is limited, and the arrangement is treated as gratuitous.
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