Open Access Research Article

“PARK AT YOUR OWN RISK”: BAILMENT, LICENCE AND THE LIMITS OF EXCLUSION NOTICES IN INDIAN PARKING LAW

Author(s):
MR. SANNKALP .KS MR. SNEHITH N MR. CHETHAN D MALLED
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 8
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Abstract

Almost every car park in India carries a board saying “park at your own risk”, “vehicles parked at owner’s risk” or something close to it. Operators read it as a shield. This paper asks whether the shield works, and argues that the sentence has no single legal value because its effect depends on what the operator does with the car. Where the operator takes the keys, as in valet parking, the arrangement is a bailment under the Indian Contract Act, 1872, the operator must take reasonable care, and the Supreme Court has held in Taj Mahal Hotel v. United India Insurance that a notice cannot excuse negligence and that the operator carries the burden of proving care. Where the operator only provides space, the arrangement is usually a licence, and bailment law does not apply at all. Between these two poles sit the barrier-and-ticket lots of malls and offices, which Indian law has not clearly classified. The paper then tests the notice against contract and consumer law, compares England, Canada, Malaysia and Nigeria, and proposes a practical framework.   KEYWORDS: parking, bailment, licence, exclusion clause, valet parking, deficiency in service, unfair contract terms, consumer protection

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Authors: MR. SANNKALP .KS, MR. SNEHITH N & MR. CHETHAN D MALLED Registration ID: 1013653 | Published Paper ID: IJLRA13653, IJLRA13654 & IJLRA13655 Approved ISSN: 2582-6433 | Country: Delhi, India

Article Information

“PARK AT YOUR OWN RISK”: BAILMENT, LICENCE AND THE LIMITS OF EXCLUSION NOTICES IN INDIAN PARKING LAW

Authors: MR. SANNKALP .KS, MR. SNEHITH N, MR. CHETHAN D MALLED

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 8
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
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