Bailment | Rights of Bailor | Indian Contract Act | Duties of Bailee | Law | BRF #himanshunandwani

Duties of Bailee or Rights of bailor:
1) To take reasonable care of the goods bailed : In all cases of Bailment, the bailee 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, quality & value. The burden of proof is on the bailee to show that there has been no negligence. When he returns the goods or returns them in a damaged condition and that the loss or damage occurred inspite of the fact that he took reasonable care of them (Sec. 151).
(2) Not to mix the goods : The bailee must not mix the goods of the bailor with his own goods but must keep them separate from his own goods.
(3) Not to make any unauthorised use of goods : If the bailee uses the goods bailed in a manner which is inconsistent with terms of the contract, he shall be liable for any loss even though he is not guilty of negligence and even if the damage is the result of an accident
(4) Not to set up an adverse title : The bailee must hold the goods on behalf of and for the bailor. He cannot deny the right of the bailor to bail the goods and to receive them back. If he delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor (Sec. 166)
(5) To return accertion to the goods : In the absence of any contract to the contrary, the bailee is bound to deliver to the bailor or according to his directions any increase or profit which may have accrued from the goods bailed (See. 163)
6) Duty of returning goods (Sec. 160): "It is duty of the bailee to return or deliver according to the bailor's direction, the goods bailed, without demand as soon as the time for which they were bailed has expired or the purpose for which they were bailed has been accomplished.

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