Contract english medium

  Section 152

Bailee when not liable for loss etc of thing bailed ----

The bailee in absence of any special contract

Is not responsible for the loss , destruction or d byeterioration of thing if he has taken the amount of the care of it described in section 151.

Landmark case 1

Jain and sons versus kamrain

In this case plaintiff had stayed in a hotel .when they were not hotel .the things were stolen .the owner of this hotel had been held liable because he knows that room was not safe .

Land mark case no 2

Ram pal versus Gori shanker 

In this case bailee had put jwellery of bailor  in a shelf .the key put in that room  in a coffer .the room was in lower storey .the room was locked from outside .having broken lock the thief had stolen the jwellery.in this case bailee held liable .

Proper care had been used this burden of proof lied on bailee.

Landmark case 

Union of India versus sagoli sugar works .

The railway officers were not disclosing that how did a loaded boat capsize and the goods could not be saved.this assumption was done that carelessness was included in this situation and they had been held liable .

If  damaged had been done by employees of bailee ---in this situation bailee is responsible if that damages had been done during working scenario 

Landmark case 

Sanderson versus collins 

In this case plaintiff  had sent his chaise to repair .during this period he had given his own chaise . respondent had given this chaise to his servent .the servent had driven this chaise with permission of respondent  and damaged  this chaise .in this case the respondent had not been held liable because servent is not in his working area.

Involuntarily bailee ---

Newman versus Born and hollingsworth 

In this case plaintiff had gone to shop of respondent to buy a coat .to take trial of new coat he had taken off his old coat and  her diamonded bronch at counter .she had forgotten to take her bronch before departure.the shopkeeper had taken it and put in his drawer .from where it had been lost .the respondent had paid the value of that bronch 

Section 153

Termination of bailment by bailee's act inconsistent with conditions 

A contract of bailment is voidable at option of the bailor 

If the bailee does not act with regard to the goods ,bailed , inconsistent with the condition the conditions of the bailment .

Illustrations 

A lets to B for hire 

A horse for his own riding 

B drives the horse in his carriage .this is at the option of A ,a termination of bailment .

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Section 154

Liability of bailee making 

Unauthorised use of goods bailed ------if the bailee  makes any use of the goods ,bailed which is not according to the condition of the bailment 

He is liable to make compensation to the bailor for any  damage arising  to the goods from during such use of them .

Illustrations 

A.A lends a horse to B for his own riding only .B allows C a member of his family to ride the horse .C rides with care but the horse accidently fails and is injured .B is liable to make compensation to A for the injury done to the horse 🐴🐴🐴.

b.A hires a horse in Calcutta from B expressly to march to Benaras .A rides with due care but marches to Cuttack instead .the horse accidently falls and is injured .A is liable to make compensation to B for the injury to the horse .

Section 155 

Effect of mixture with bailor's consent of his goods with bailee's----

If the bailee with the consent of the bailor mixes the goods of the bailor with his own goods the bailor and the bailee shall have an interest in proportion to their respectively but the bailee is bound to bear the expense of separation or division and any damage arising from the mixture.

Illustrations 

A bails 100 bales of cotton marked with particular mark to B .B without A 's consent mixed the 100 bales with other bales of his own.bearing a different mark.A is entitled to have his 100 bales returned and B is bound to bear all the expenses incurred in the separation of the bales and any other incidental damage .

Section 157 ---effect of mixture without bailor's consent ,when the goods cannot be separated -----if the bailee  without the consent of the bailor  mixes the goods of the bailor with his own goods in such a manner that it is impossible to separate th goods bailed from the other goods and deliver them back  the bailor is entitled to be compensated by the bailee for the loss of the goods .

Illustrations 

A bails a barrel of cape flour worth rs .45 to B .B without A 's consent mixes the flour with country flour of his own worth only Rs. 25 a barrel.B must compensate A for the loss of his flour .

Section 158 ---Repayment by bailor of necessary expenses --- where by the conditions of the bailment the goods are to be kept or to be carried or to have work done upon them by the bailee for the bailor and the bailee is to receive no remuneration the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment 

Section 159 . Restoration of goods lent gratuitously -

The lender of a thing for use may at any time require its return ,

It the loan was gratuitous ,even though  he lent it for a specified time or purpose 

The borrower has acted in such a manner that the return of the thing lent before the time agreed upon would cause him loss exceeding the benefit actually derived by him from the loan the lender must if he compels the return indeminify the borrower for the amount in which the loss so occasions exceeds the benefit so derived.