duties of the bailee

8/12/2019 Duties of the Bailee

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Duties of the Bailee


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1. To take reasonable care of the goods bailed

It is the duty of the bailee to take reasonable care of the goodsbailed as a man of ordinary prudence would, under similarcircumstance, take care of his own goods of the same bulk,quality and value as the goods bailed. It should be noted that

the degree of care will be the same whether the bailment isgratuitous or non- gratuitous, i.e., for reward or not for reward.If he has taken reasonable care, he is no more liable (Sees. 151and 152).

Example: A customer entered a restaurant for dining: His coat

was taken over by a waiter. He hung it on a hook behind A.The coat was stolen. Held, the proprietor of the restaurant

became bailee of the coat and as such, was liable for the loss.


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2. Not to make any unauthorized use ofgoods bailed

A bailee is under a duty to use the goods according to the

terms of the agreement. In case he makes unauthorized

use of the goods, he will be liable to make good the loss.

(Sec. 154). It should be noted that if the bailee makes unauthorized

use of the goods his liability is absolute. He will be liable

even if he is not guilty of negligence or even if the loss is

the result of an accident or act of God (Sec. 154).


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3.. Not to mix the goods with his own

goods The bailee should not mix the goods bailed with his own goods. He should

keep these goods separately. If he mixes the goods:

(a)With the consent of the bailor:In this case, the bailor and bailee shallhave proportionate interest in the mixture i.e., the goods mixed.

(b)Without the consent of the bailor.

(i)When the goods can be separated:The bailee is bound to bear theexpenses of separation and any loss or damage arising from the mixture.

(ii)When the goods cannot be separated:The bailee will have to bear theloss (Sec. 157).

Example:A delivers 10 kg pure ghee to B. B, without A's consent, mixes the

ghee with his Dalda ghee (vegetable I oil). It is not possible to separate pureghee from Dalda ghee. Hence B must compensate A for the loss.

(c)In case the goods get mixed due to an accident or by an act of God,orby mistake of the bailee or any third party, the bailee shall bear the loss andexpense incurred for separation of goods. In case the goods cannot beseparated, the bailee will have to bear the whole loss.


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4.Not to set up an adverse title

The bailee holds the goods on behalf of the

bailor. He is not entitled to deny the title of

the bailor or set up an adverse title.

However, in case any third party proves a

better title than that of the bailor, the bailee

may deliver the goods to that third party.


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5.To return the goods bailed

A bailee is under a duty to return or dispose ofthe goods bailed according to the directions ofthe bailor as soon as, after the purpose is over or

the time for) which they were deposited, hasexpired (Sec. 160).

Further, in case he fails to return the goods, hewill be responsible to the bailor for any loss,

destruction or deterioration of the goodsthereafter, even if he exercises reasonable careon his part (Sec. 161).


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6.To return any accretion to the

goods

In the absence of a contract to the contrary, a

bailee is bound to return any increase or

accretion to the goods bailed.

Example: A leaves his cow with B. The cow

gives birth to a calf. A is entitled to both the

cow and the calf.

duties of the bailee

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