Posted February 1, 2014 by advocateguru in Learning Centre
 
 

Duties of Bailee

The bailee owes following duties in lieu of the goods bailed:

(a) The bailee must take as much care of the goods bailed to him as a man of ordinary prudence would take under similar circumstances of his own goods of the same bulk, quality and value as the goods bailed. If he takes this much care he will not be liable for any loss, destruction, or deterioration of the goods bailed. The degree of care required from the bailee is the same whether the bailment is for reward of gratuitous. Of course, the bailee may agree to take special care of the goods, e.g., he may agree to keep the property safe from all perils and answers for accidents or thefts. But even such a bailee will not be liable for loss happening by an act of God or by public enemies.

(b) The bailee is under a duty not to use the goods in an unauthorised   manner or for unauthorised purpose. If he does so, the bailor can terminate the bailment, and claim damages for any loss or damage caused by the unauthorised used.

 

(c) He must keep the goods bailed to him separate from his own goods.

If the bailee without 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 production to their respective shares, in the mixture thus produced.

If the bailee without the consent of the bailor mixes the goods of the bailor with his own goods, and the goods can be separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound to bear the expenses of separation, and any damages arising from the mixture. 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 the goods bailed from the other goods and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of goods.

(d) He must not set up an adverse title to the goods.

(e) It is the duty of the bailee to return the goods without demand on the time fixed or when the purpose is accomplished. If he fails to return them, he shall be liable for any loss, destruction or deterioration of the goods even without negligence on his part.

(f) In the absence of any contract to the contrary, the bailee must return to the bailor any increase, accretion, or profits which have accrued from             the goods bailed; for example, when A leaves a cow in the custody of B to be taken care of and the cow gets a calf, B is bound is deliver the cow as well as the calf to A.


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