Rights and duties of bailee – 3


In part one and two we learnt about various rights that bailee have in a contract of bailment now let’s take this further by with some more rights of bailee

•Delivery of goods without title

Section 166 of the Indian Contract Act 1872 protects the bailee If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to the bailee or follows the direction given by bailee with respect to delivery of goods. According to this act, the bailee is not responsible to the owner in respect of such delivery.

Right to claim proportionate share in mixture of goods

The bailee with the consent of the bailor mixes the goods that were bailed to him, with his own goods and then the bailor has right , to proportion to his respective shares, in the mixture that is produced. For instance, if X gives his 20 kg basmati rice to Y for a period of one month and also agrees to Y’s proposal of mixing them with existing stock of 20 kg basmati rice that Y had with him. Then Y has right over twenty kilogram of the mixture produced because his proportion in the mixture is fifty percent.

Apart from the rights discussed in last two parts and above the bailee also have multiple duties in the Contract of bailment that are equally important to understand. Those duties are

Duty to take reasonable care
As per section 151 of the Indian Contract Act 1872 the bailee in all the cases of bailment is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quantity and value as the goods bailed. In simple words the bailee should take a uniform standard of care in all cases of bailment, that means a degree of care should be taken which a man of ordinary prudence would take of his own goods of the same type and under similar circumstances. If the bailee does not take reasonable care than he shall be liable for loss of or damage to the good . Section 152 of the same act clearly states that if bailee takes the amount of care mentioned in section 151 then he will not be held liable for loss and damages. It is important to note that the burden to prove that reasonable care was taken also lies with the bailee . If Bailee presents evidence to the court demonstrating that he took reasonable precautions to avoid damage that was reasonably foreseeable or that he took all reasonable precautions to prevent dangers that were reasonably anticipated, he will be free of liability.

More rights of bailee will be discussed in further parts.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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