In last parts we understand about various rights and duties available to bailee in a contract of bailment this is continuation of that . In this part we will be discussing two major duties of bailee those duties are
•Duty not to make unauthorised use
According to section 154 of the Indian Contract Act 1872 if the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. For instance if X gave his car to Y with a condition that only Y will use it. But Y allows Z to use that bike. While driving Z met with an accident and the bike got damaged. In that case Y is liable to pay for damage caused to the bike. The goods that are delivered by bailor to the bailee must be used by the bailee for the purpose for which they have been bailed to him. If the bailee makes any unauthorised use of the goods then he will be completely liable for any damage to the goods.Even in this case an act of God or inevitable accident would not be considered as defence.
Section 153 gives the right to the bailor to terminate bailment if bailee’s actions are not consistent with conditions under which the bailment was made. The section states that a contract of bailment is voidable at the option of the bailor, if the bailee does any act with regard to the goods bailed, inconsistent with the conditions of the bailment.
•Duty not to mix
The bailee has a duty to maintain a separate identity of the bailor’s goods that are delivered to him for some purpose or specific period of time. The bailee can mix the goods of the bailor with his own goods only when he has taken consent of the bailor to do so. If the bailee with the consent of the bailor mixes goods of bailor with his own goods then both the bailee and bailor will have proportionate share in the mixture to be thus produced . But if bailee has not taken the consent of bailor while mixing the goods of bailor with his own goods than there might be two conditions either the goods can be separated or they can not be separated. If the goods can be separated than under Section 155 of the Indian Contract Act 1872 the bailee will be required to pay expenses incurred in separation and he will be responsible for loss arising due to mixture. But if the goods can not be separable than according to section 156 the bailee is liable to compensate bailor for the loss suffered by the bailor.
More duties of bailee will be discussed in further parts.
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