bails 100 bales of cotton marked with a particular mark to B.
without D's consent mixes the l00 bales with other bales of his own, bearing a different mark. D is entitled to have his l00 bales returned,and B is bound to bear all the expenses incurred in the separation of the bales, and any other incidentaldamage.© if the bailee without the consent of the bailor, mixes
f the bailee,mixes the goods of the bailor withhis own goods, in such a manner t it is impossible to separate the goods bailed from the other that good,and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods."-Sec. 157.
D bails superior flour worth Rs. 45 to
without D's consent . mixes the flour with inferior flour of his own, - worth only Rs. 25
must compensate D for the loss of his flour.
. Duty of returning goods
t is the duty of the bailee to return or deliver according the bailor's directions, the goods bailed,without demand, as soon as the time for which they were bailed has expired, or the purpose for whichthey were bailed has been accomplished."sec160."
f, by the default of the bailee, the goods are not delivered or tendered at the proper time, he isresponsible to the bailor, for any loss, destruction or deterioration of the goods from that time."-Sec.161.
G agreed to carry certain goods of B expeditiously. The driver of the van which was carrying the goods,left the van unattended for one hour for lunch. During that time the goods were stolen, B filed a suit for damages against G. Held, the carrier has a dutyvia todeliver the goods or return them. The carrier could not do so. The van driver's departure constitutes a fundamental breach of the contract to c
thegoods forthwith to the destination. Damage, were awarded.
Bontex knitting Works Ltd. v.
.Accretion to t
e goods bailed
"in the absence of any contract to the contrary, the bailee is bound to deliver to the bailor, or accordingto his directions, any increase or profit which may have accrued from the goods bailed.''-Sec. 163.Example :C leaves a cow in the custody of
to be taken care of. The cow has a calf. B is bound to deliver the calf as well as the cow to C.
. Liabilities of Innkeeper and Hotelkeepers
nnkeepers were governed by the Common Law. They were regarded as insurers, i.e., loss of or damages to customer's goods had to be fully made up, except certain special cases. This rule wasapplied in Bombay High Court in an old case (1886).
t is now held that the liabilities of innkeepers andhotel-keepers are as bailees and are governed by Sections 151 and 152 of the Contract Act. (See para l, p. 16") Rampal
ing v.murray & Co.Jan &
on v. Cameron
. Liabilities of
- See Book V, Ch 1.
DUTIES OF THE BAILOR
l. Bailor'sdutytodisclose faults in goods bailed
"The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, andwhich materially interfere with the use of them, or expose the bailee to extra ordinary risk, and, if hedoes not make such disclosure, he is responsible for damage arising to the bailee directly from suchfaults.