Army Public College of Management Sciences

Assignment # 2

Define and differentiate between pledge and bailment,

and outline of agency (agent, principle)

Submitted By:

Zeeshan Arshad (S-28013)

Submitted to:

Sardar Altaf khan

Dated: 14-1-10

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Bailment:

According to section 148, “A bailment is the delivery of goods by one person to another for
some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or
otherwise disposed of according to the directions of the person delivering them.”

The word bailment is derived from a French word “bailer” which means to deliver. The person
delivering the goods is called bailer. The person to whom they are delivered is called the bailee.

Pledge:

“The bailment of goods as security for payment of a debt or performance of a promise is called
pledge” (SEC 172)

A pledge is a special kind of bailment. Under pledge one person transfers possession of some
goods to another to secure the payment of debt or the performance of the promise. In the case of
pledge the goods are deposited as security to get a loan. If there is no transfer of possession of
goods, there is no pledge.

DIFFERENCE BETWEEN BAILMENT AND PLEDGE

Bailment Pledge

1. Purpose
In bailment, the goods are delivered for
repairs and safe custody etc.
In pledge, the goods are delivered as
security for loan or for the performance of
the promise.

2. Rights
In bailment, the bailee has no right of sail.
He can retain the goods or sue for dues.
In pledge, the pledge has a right of sale of
the pledged goods on default after giving a
notice to the pledgor.

3. Use of goods
In bailment there is no restriction if the
nature of transaction so requires. In pledge, the pledge has no such right of

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 using the goods pledged.

4. Return of goods
In bailment without reward the bailee is
bound to return the goods on demand by
the bailor.
In pledge, the pledge is not bound to return
the goods delivered unless the debit is
repaid or promise performed.
5. Lien
In bailment, lien can be exercised only for
the labour or skill spent.

In pledge, lien can not be exercised even if

for the non-payment of interest.

Agent and principal

“An agent is a person employed to do any act for another or to represent another in dealings with
third persons. The person for whom such act is done, or who is so represented, is called the
Principal.” (SEC 182)

The person who acts on the behalf of another is called agent. The person who authorizes another
to act is called a principal. The contract which creates the relationship of principal and agent is
called agency. The agent is authorized to create a contract between his principal and a third party.
After entering into a contract, the agent drops out ceases to be a party to the contract and the
contract binds the principal and the third party.

The term bailment is derived from the French bailor, "to deliver." It is generally considered to be
a contractual relationship since the bailor and bailee, either expressly or impliedly, bind
themselves to act according to particular terms. The bailee receives only control or possession of
the property while the bailor retains the ownership interests in it. During the specific period a
bailment exists, the bailee's interest in the property is superior to that of all others, including the
bailor, unless the bailee violates some term of the agreement. Once the purpose for which the
property has been delivered has been accomplished, the property will be returned to the bailor or
otherwise disposed of pursuant to the bailor's directions.

A bailment is not the same as a sale, which is an intentional transfer of ownership of personal
property in exchange for something of value. A bailment involves only a transfer of possession
or custody, not of ownership. A rental or lease of personal property might be a bailment,
depending upon the agreement of the parties. A bailment is created when a parking garage
attendant, the bailee, is given the keys to a motor vehicle by its owner, the bailor. The owner, in
addition to renting the space, has transferred possession and control of the vehicle by

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relinquishing its keys to the attendant. If the keys were not made available and the vehicle was
locked, the arrangement would be strictly a rental or lease, since there was no transfer of
possession.

A gratuitous loan and the delivery of property for repair or safekeeping are also typical situations
in which a bailment is created.

Categories

There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole
benefit of the bailor; and (3) for the sole benefit of the bailee.

A bailment for the mutual benefit of the parties is created when there is an exchange of
performances between the parties. A bailment for the repair of an item is a bailment for mutual
benefit when the bailee receives a fee in exchange for his or her work.

A bailor receives the sole benefit from a bailment when a bailee acts gratuitously—for example,
if a restaurant, a bailee, provides an attended coatroom free of charge to its customers, the
bailors. By virtue of the terms of the bailment, the bailee agrees to act without any expectation of
compensation.

A bailment is created for the sole benefit of the bailee when both parties agree the property
temporarily in the bailee's custody is to be used to his or her own advantage without giving
anything to the bailor in return. The loan of a book from a library is a bailment for the sole
benefit of the bailee.

Elements

Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and
consideration.

Actual possession of or control over property must be delivered to a bailee in order to create a
bailment. The delivery of actual possession of an item allows the bailee to accomplish his or her
duties toward the property without the interference of others. Control over property is not
necessarily the same as physical custody of it but, rather, is a type of constructive delivery. The
bailor gives the bailee the means of access to taking custody of it, without its actual delivery. The
law construes such action as the equivalent of the physical transfer of the item. The delivery of
the keys to a safe-deposit box is constructive delivery of its contents.

A requisite to the creation of a bailment is the express or implied acceptance of possession of or

control over the property by the bailee. A person cannot unwittingly become a bailee. Because a
bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement.

Consideration, the exchange of something of value, must be present for a bailment to exist.
Unlike the consideration required for most contracts, as long as one party gives up something of
value, such action is regarded as good consideration. It is sufficient that the bailor suffer loss of

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use of the property by relinquishing its control to the bailee; the bailor has given up something of
value—the immediate right to control the property.

Rights and Liabilities

The bailment contract embodying general principles of the law of bailments governs the rights
and duties of the bailor and bailee. The duty of care that must be exercised by a bailee varies,
depending on the type of bailment.

In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. A
bailee who fails to do so may be held liable for any damages incurred from his or her
Negligence. When a bailor receives the sole benefit from the bailment, the bailee has a lesser
duty to care for the property and is financially responsible only if he or she has been grossly
negligent or has acted in bad faith in taking care of the property. In contrast, a bailee for whose
sole benefit property has been bailed must exercise extraordinary care for the property. The
bailee can use the property only in the manner authorized by the terms of the bailment. The
bailee is liable for all injuries to the property from failure to properly care for or use it.

Once the purpose of the bailment has been completed, the bailee usually must return the property
to the bailor, or account for it, depending upon the terms of the contract. If, through no fault of
his or her own, the return of the property is delayed or becomes impossible—for example, when
it is lost during the course of the bailment or when a hurricane blows the property into the ocean
—the bailee will not be held liable for nondelivery on demand. In all other situations, however,
the bailee will be responsible for the TORT of conversion for unjustifiable failure to redeliver the
property as well as its unauthorized use.

The provisions of the bailment contract may restrict the liability of a bailee for negligent care or
unauthorized use of the property. Such terms may not, however, absolve the bailee from all
liability for the consequences of his or her own Fraud or negligence. The bailor must have notice
of all such limitations on liability. The restrictions will be enforced in any action brought for
damages as long as the contract does not violate the law or public policy. Similarly, a bailee may
extend his or her liability to the bailor by contract provision.

Termination

A bailment is ended when its purpose has been achieved, when the parties agree that it is
terminated, or when the bailed property is destroyed. A bailment created for an indefinite period
is terminable at will by either party, as long as the other party receives due notice of the intended
termination. Once a bailment ends, the bailee must return the property to the bailor or possibly be
liable for conversion.

bailment n. 1) the act of placing property in the custody and control of another, usually by
agreement in which the holder (bailee) is responsible for their safe keeping and return of the
property. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a
kennel, or a storage facility (as long as the goods can be moved and are under the control of the
custodian). While most are "bailments for hire" in which the custodian (bailee) is paid, there is

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also "constructive bailment" when the circumstances create an obligation upon the custodian to
protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still
responsible, such as when a finder of a lost diamond ring places it with a custodian pending
finding the owner. 2) the goods themselves which are held by a bailee. Thus, the "bailor" (owner)
leaves the "bailment" (goods) with the "bailee" (custodian), and the entire transaction is a
"bailment."

bailee (custodian) n. a person with whom some article is left, usually pursuant to a contract
(called a "contract of bailment"), who is responsible for the safe return of the article to the owner
when the contract is fulfilled. These can include banks holding bonds, storage companies where
furniture or files are deposited, a parking garage, or a kennel or horse ranch where an animal is
boarded. Leaving goods in a sealed rented box like a safe deposit box, is not a bailment, and the
holder is not a bailee since he cannot handle or control the goods.

bailor n. a person who leaves goods in the custody of another, usually under a "contract of
bailment", in which the custodian ("bailee") is responsible for the safekeeping and return of the
property. Sometimes the bailor is not the owner but a person who is a servant of the owner or a
finder (say, of jewelry) who places the goods with the bailee until the owner is found.

Bailments of Pledges

172. "Pledge," "pawnor," and "pawnee" defined.---The bailment of goods as security for
payment of a debt or performance of a promise is called "pledge". The bailor is in this case called
the "pawnor." The bailee is called the "pawnee."

The bailee tinder a contract of pledge does not become owner, but, as having possession and
right to possess, he is said to have a special property. Any kind of goods, documents, or valuable
things of a personal nature may be pledged. Delivery is necessary to complete a pledge; it may be
actual or constructive. It is sufficient if the thing pledged is delivered under the contract within a
reasonable time of the lender's advance being made.

Government promissory notes may be pledged, but this must be done as required by statute by
endorsement and delivery. It seems that a valid pledge of shares may be effected by delivery of
the share certificate. The rules of delivery and the like which are generally applicable to
bailments are applicable here. A pawnee may redeliver the goods to the pawnor for a limited
purpose without thereby losing his rights under the contract of pledge, as for the purpose of
enabling the pledgor to sell the goods on the pledgee's behalf. It has even been held that there is a
valid pledge where the goods remain in the warehouse of the pledgor, as the pledgee has no
convenient place to store them. Appa Rao v. Salem Motors. This case seems to go further in that
there was no suggestion that the retention of custody was for the purposes of the pledgee, or even

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for the common purposes of pledgor and pledgee, and there was no evidence, that the pledgee
had ever seen and identified the van as his security. If the pawnor abuses his authority in such a
case by selling or pleading afresh on his own account to a third person who gives value in good
faith, the pawnee is not entitled to the goods as against that person, who has received possession
from an owner lawfully in possession, though using his possession fraudulently.

According to mercantile usage found to obtain in the city of Amritsar, if a person leaves goods
with another and then borrows money from him, the loan is to be understood to be made on the
security of the goods, so that if the loan is not repaid the creditor may sell the goods and
appropriate the proceeds of the sale towards his debt.

It is clear from the definition of "bailment" (S. 148, above) that there can be no pledge of goods
unless there is an actual delivery of the goods. A loan, however, may be secured by a
hypothecation of goods. Such a transaction does not require delivery of goods for its validity; nor
can it be said to be prohibited by the Contract Act merely because the Act contains provisions for
bailments of pledges and none for hypothecation of goods.

The Contract Act does not state that the whole of the Law of Contract in British India is
comprised in the Act. In fact, the preamble of the Act shows clearly that the Act only contains a
portion of the Law of contract and there, is nothing to prevent a person from hypothecating his
goods to another person for security. The ordinary principles of equity apply in such cases,
namely, the question becomes whether there was an intention to create a security and, if there
was an intention to create a security, equity gives effect to it. It is quite clear that in a case like
this, it. is impossible to hold, where a large body of the community is engaged in commercial
pursuits, say, where thousand tons of coal or a large parcel of goods is concerned, that the Banker
is bound to take actual possession of property.

Pledge---Monthly statements of stocks lying in godown showing goods as pledged with

defendant-Bank---All such documents signed by authorised person on behalf of plaintiff---Debit
advice vouchers produced by defendants showing conveyance charges paid to Godown Keeper
visiting godown, and debited to account of plaintiff---Goods, held, in possession of defendant
under pledge and not merely hypothecated.

173. Pawnee's right of retainer. The pawnee may retain the goods pledged, not only for
payment of the debt or the performance of the promise, but for the interest of the debt, and all
necessary expenses incurred by him in respect of the possession or for the preservation of the
goods pledged.

The pawnee makes himself a wrongdoer if he persists in holding the goods after tender of all that
is due. In that event his "special property" is determined by his wrongful refusal of a tender
properly made, and the pawnor can recover the goods.

Goods---pledged to Bank---Rights of bank---When adjustment of loan may be claimed by

pledger.--- The pledgee Bank as a rule acquires a lien over pledged goods for the recovery of his
dues and has a right, after notice to the debtor, to sell those goods to reimburse himself. It is only
where such a sale is actually held that the debtor can claim an adjustment of the sale proceeds of
the goods against the amount claimed by the bank.

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174. Pawnee not to retain for debt or promise other than that for which goods pledged.
Presumption in case of subsequent advances.----The pawnee shall not, in the absence of a
contract to that effect, retain the goods pledged for any debt or promise other than the debt or
promise for which they are pledged: but such contract, in the absence of anything to the contrary,
shall be presumed in regard to subsequent advances .made by the pawnee.

This section does not appear to need any comment, except that the presumption mentioned at the
end does not apply to advances made on a new and different security.

175. Pawnee's right as to extraordinary expenses incurred.---The pawnee is entitled to

receive from the pawnor extraordinary expenses incurred by him for the preservation of the
goods pledged.

"Receive."---Note that the word is not "retain", as in the two preceding sections, but "receive".
A pawnee has, therefore, no right of lien for "extraordinary" expenses, as he has in the case of
"necessary" expenses (S. 173), but has only a right of action in respect of them.

176. Pawnee, s right where pawnor makes default. If the pawnor makes default in payment of
the debt, or performance, at the stipulated time of the promise, in respect of which the goods
were pledged, the pawnee may bring a suit against the pawnor upon the debt or promise, and
retain the goods pledged as a collateral security; or he may sell the thing pledged, on giving the
pawnor reasonable notice of the sale.

If the proceeds of such sale are less than the amount due in respect of the debt or promise, the
pawnor is still liable to pay the balance. If the proceeds of the sale are greater than the amount so
due, the pawnee shall pay over the surplus to the pawnor.

Pawnee's rights.----It is sufficient to cite one or two modern dicta. A contract of pledge carries
with it the implication that the security may be made available to satisfy the obligation, and
enables the pledgee in possession (though he has not the general property in the thing pledged,
but a special property only to sell on default in payment and after notice to the pledgor) although
the pledgor may redeem at any moment up to sale. After sale it is the pawnee's ordinary right to
recover the balance of the loan unsatisfied on the sale of the pledge.

Where no time is originally stipulated for payment, it seems that the debtor is not in default until
notice is given by the creditor that he requires payment on a certain day, and that day is past. The
debtor is then in default, and is in the same position as if a day for repayment had been fixed in
the original contract.

It must be observed that the contract of pledge differs essentially from that of mortgage. A
mortgagee does acquire general property in the thing mortgaged, subject to the mortgagor's right
to redeem. Foreclosure is a judicial determination of a defaulting mortgagor's right, whereby the
mortgagee's property becomes absolute. A pawnee, not being the legal owner, is not entitled to
foreclose, but has only power to sell; and authorities on mortgage transactions are to be applied

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to cases of pledge, if at all, only with great caution.

"May sell the thing pledged."---The power conferred on the pledgee under this section to sell
the property without reference to the Court does not take away his right to sue the pawnor on the
debt or bring a suit for the sale of the property pledged to him. There is nothing in the Act to
forbid the pawnee from buying the thing pledged at the sale, though he cannot sell to himself.
But it has been held by the Privy Council that a sale by the pawnee to himself, though
unauthorised, does not put an end to the contract of pledge, so as to entitle the pawnor to have
back the thing pledged without payment of the debt secured by it. From this point of view it
would seem that a sale by a pawnee to himself is not an act "inconsistent with the conditions of
the bailment" within the meaning of S. 153 (ante), so as to entitle the pawnor to avoid the
contract of pledge at his option, but is on the same footing as a premature sale (see the
commentary on that section).

Reasonable notice of sale.---The section is mandatory and the required notice must be given
notwithstanding any contract to the contrary. Unless there is reasonable notice, the pawnee
cannot sell the thing pledged; but it is not necessary that the notice under this section should state
the date, time or place of the intended sale. A notice by the pledgee to the pawnor that unless the
latter redeems the articles pledged within a fortnight, the pledgee will sell them is good notice,
though the pledgee may not sell the goods until some days after the expiration of the fortnight.

Limitation.---The period of limitation for a suit on the loan is that prescribed by the Limitation
Act, 1877, Sch. II, Art. 57 (see now the Limitation Act, 1908, Sch. I), that is, three years from the
date of the loan, whether the suit be to recover the original amount of the loan, or to recover the
balance after sale of the thing pledged. And if the suit be in respect of a promise, the period is
three years from the breach of the promise under Art. 115 of the same Act. And where the suit is
for the sale of the property pledged, the period of limitation is six years from the date of the
pledge under Art. 1:20 of that Act.

Provisions of S. 176---Entitle Bank to file suit against its borrower on basis of debt/Promise
instead of selling goods.

Notice---Pledgee's right to sell---Requirements---Pledgee, before exercising his right to sell

goods pledged with him, is required to give a reasonable notice to pledgor of his intention to
sell---At time of actual sale, however, pledgee is not bound to serve another notice to pledgor.

Pledgee of chattel with power of sales exerciseable under certain conditions selling chattel
without performing conditions and guilty of wrongful conversion---Measure of damages in such
case is value of chattel at time of conversion less amount for which it was pledged---Auto parts
dealer in order to secure loan pledging with Bank auto parts and giving a list containing details of
spare parts with their price to the Bank:--Some of the spare parts found missing---Litigation
between Bank for recovery of loan and auto dealer for damages for conversion of pledged
goods---Controversy over value of missing spare parts:--Held: value of missing auto-parts to be
assessed according to rates given in the list given to Bank containing details of pledged spare
parts with their prices and not according to the market value prevailing at time of passing decree
in suit filed by pawnor---In view of years of litigation value of missing auto-parls enhanced and
decree passed accordingly.

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Notice---Pledgee's right to sell---Requirements---Pledgee, before exercising his right to sell
goods pledged with him, is required to give a reasonable notice to pledgor of his intention to
sell---At time of actual sale, however, pledgee is not bound to serve another notice to pledgor.

Notice by pawnee of intention to sell goods pawned---Contents of.---The requirement of

section 176 is that the notice should be reasonable. It is, therefore, for the pawnee 1o choose the
time, after notice under section 176, to put his power of sale into operation and in order to do so,
he does not require any further authority or permission from the debtor. Of Course this power
should not suffer from absence of bona fides. it is enough if the notice contains material for
which the debtor can infer as to what debts he has to pay to the pawnee. It is also not necessary
that the notice should contain the date or place of sale or that the pawnee should first arrange the
sale of the pledged goods, and then communicate his decision to the pawnor.

Notice of sale given---Sale may be made at any time---Delay in selling goods immaterial.---
The power of sale given to the pawnee under this section is subject to only one limitation, which
is, that. the notice of sale should be reasonable. The section does not require that the amount due
from the pawnor should be specifically stated in the notice. Where there is no evidence to show
that delay in affecting the sale was deliberate and mala fide or that the sales were improper in any
way or much below the market rate, no inference of bad faith on the part of the Bank can be
drawn.

Pawnor---Rights of---May either sue for debts or sell the property to recover debt---Both
rights are concurrent.---Under S. 176 the pawnee has a right of action for the debt
notwithstanding the possession of the goods, subject to the pawnor's right to redeem the goods
upon tender of the amount due before the sale. It is, therefore, clear that the right to proceed
against the property is not merely accessory to the right to proceed against the debtor personally.
Thus a pledgor cannot compel the pledgee to exercise the power of sale or its adjustment as a
means of discharging or satisfying the amount due to him. The pledgor, therefore, is competent
in law to sue for his debt without selling the pledged property and adjusting its price towards the
payment of the debt. He has, however, to keep the property pledged in tact so that he may be able
to hand over the security to the pledgor on payment of the debt by him.

Pawnee not repaying debt---Security not sufficient for repayment of debt---Pledgee may
sue for recovery of amount of debt.

Pledge---Pawnee’s right on default by pawner---Goods pledged with Bank losing price every
year----No evidence to proof that pawner ever asked pawnee---Bank to sell such goods or sought
permission to find customer therefor---Held, pawnee-Bank not obliged, in such case, to sell
pledged goods and after adjusting sale proceeds thereof sue for balance amount if any.

Pledge of goods with Bank---It is optional with bank either to sell pledged goods with it or to
retain them as a collateral security and bring a suit against pawnor upon debit.

Claim of damage---Damage caused to pledged goods on account of self-heating---Defendants

themselves informing plaintiff bank, making of arrangements for sale of goods---Defendants
taking up matter with insurance company on account of damage caused and at no point of time

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any request or demand made upon plaintiff bank to take up matter with insurance company---
Goods deteriorated to such an extent that even defendants finding difficult to dispose them off---
Responsibility cannot be placed upon plaintiff bank for damage caused to goods for not making
claim upon insurance company, in circumstances--Documentary or oral evidence not produced to
establish that stock had been damaged on account of any negligence or carelessness on part of
plaintiff bank---Avoiding of bank to recover damage from insurance company not established---
Held, stocks were damaged on account of self-heating and plaintiff bank not responsible in
respect of such loss.

Pledged goods---Notice should be given to pledgor before sale of goods---Clause to the

contrary in the agreement has no effect. That in default of such payment as last aforesaid the
Bank may at any time or times thereafter without any notice to the Borrower (without prejudice
to the Banks' right of suit against the Borrower either by public auction or private contract
absolutely sell or otherwise dispose of the Goods Produce and Merchandise then remaining
pledged to the Bank under this agreement.

Held: Section 176 of the Contract Act is not one of those provisions of law, which is subject to
the parties' contractual freedom. This being the position, I am clearly of the opinion that the
terms of the agreement arrived at between the parties referred to above will not make any effect
on the right of the pawnor so get a notice about the disposal of the goods as contemplated in
section 176 of the Contract Act.

Sale of goods pledged---Notice to pawnor---Conditions of such notice.---If the pawnee elects

to exercise his power of sale under section 176 of the Contract Act, the sale must be made after
giving reasonable notice to the pawner. It appears to me that no hard and fast rule can be laid
down in this respect and it will depend on the facts of each case whether the notice given to the
pawner was reasonable notice within the meaning of the said provision of the Contract Act.
Under the said section, it is not at all necessary that the notice should contain the actual date of
the sale and the time. It only requires that the pawner should be given a reasonable time to
redeem the property pledged with the pawnee and the pawnee must inform him that if by such
and such time he will not pay the amount due from him, the property pledged with him will be
sold for the recovery of the amount due.

Sale of pledged property with authority of pawner---Pawner cannot ask for delivery of property
later on and offer to satisfy his liability on them.---Held: The sale of the pledged goods being
with authority of the pawner no question arises of the failure of the pawnee to produce the goods
when the pawner was willing to discharge his liability.

Execution sale of pledged goods---Extension by pledgee without fulfilling conditions laid down
in S. 176---Invalid---Letter of lien forming part of agreement between parties---Must be read
subject to provisions of S. 176.

Pledge---Pledgee has right to recover debt by exercising his fight of sale after notice and bring
personal action for recovery of balance---Pledgee/creditor opting to exercise right of sale for
satisfaction of debt---Cannot retain goods while suing for recovering balance of debt remained
unsatisfied from sale proceeds of pledged goods.

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177. Defaulting pawnor's right to redeem.---If a time is stipulated for the payment of the debt,
or performance of the promise, for which the pledge is made, and the pawnor makes default in
payment of the debt or performance of the promise at the stipulated time, he may redeem the
goods pledged at any subsequent time before the actual sale of them; but he must, in that case,
pay, in addition, any expenses which have arisen from his default.

This is supplemental to the foregoing suction.

Limitation.---The period for a suit against a pawnee to recover the thing pledged is thirty years
from the date of the pawn.

178. Pledge by mercantile agent.---Where a mercantile agent is, with the consent of the owner,
in possession of goods or the documents of title to goods, any pledge made by him, when acting
in the ordinary course of business of a mercantile agent, shall be as valid as if he were expressly
authorised by the owner off the goods to make the same; provided that the pawnee acts in good
faith and has not at the time of the pledge notice that the pawnor has not authority to pledge.

Explanation.--- In this section the expressions 'mercantile agent' and 'document of title' shall have
the meanings assigned to them in the Sale of Goods Act, 1930.

A pledge is an oath. Pledge or The pledge may also refer to:

• a prospective member of college Fraternities and sororities

• a Toast (honor) during the act of drinking in honor of someone
• a warrant or assurance, now used especially in fundraising for charitable purposes
• An item to be sold to a pawnbroker

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