There was inadequate arrangement for extinguishing the fire. The garage was portioned by wooden walls and a part of it was allowed to be used for cooking purpose. In garage were put not only vehicles containing petrol but also other combustibles like thinners and paints. The garage was a pucca structure, walled by wooden planks. Prince peter of Greece.įacts- a car received for repairs by an automobile garage was damaged by fire. Judgement – It was held that the defendant was the bailee of the coat as the servant had assumed the possession of the same and he was, therefore, liable for its loss which was due to his negligence. When the plaintiff wanted to leave, he found that the coat has been lost. When the plaintiff entered the restaurant, a waiter took the plaintiffs coat from him without being requested to do so, and hung it on a hook behind the plaintiff. Hence, the defendants were held liable.įacts- The plaintiff went to defendant’s restaurant for the purpose of dining there. Firstly, they did not prove from record that the railway protection police which escorted the train was sufficient in strength, and secondly, that unlike a prudent man, the railway protection police did not keep an eye on wagons, particularly when the train stopped, to prevent the theft of the goods. Judgement – It was held that the railway did not take due care. Whether the railway authorities were in the position of the bailee and liable to indemnify for the loss caused?.Whether the railway authorities were liable for the loss of the goods in transit?.It was found that railway protection police were also there in the guard’s van. The theft took place at an in-between point when the train stopped there for the home signal at 2:05 am for about 15 minutes. The trail court found that the wagon in which the goods were loaded was properly rivetted and sealed when the train left Howrah at 1:30 am, but seals and rivets of one of the doors of the wagon were found open when it reached Chandanpur station after 2 hours. The plaintiffs brought an action to recover compensation for the same. Some of the articles out of this consignment, having been stolen during transit, the same were not delivered to the plaintiffs. Given below are the cases in which bailee failed to take reasonable care and was held liable įacts- Certain goods were consigned by M/s Radha Ram Sohan Lal from Calcutta to Delhi by rail. This section lays down uniform duty of care for every kind of bailment, whether the same is for reward or gratuitous. (Section 151-152)Īccording to section 151- A 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 same bulk, quality and value as the goods bailed. Duty to take reasonable care of the goods bailed.(A Bailor’s duty is a bailee’s right and a bailee’s duty is bailor’s right.)Ī bailee has to observe the following duties: Rights and Duties of Bailee and Bailor in a Contract of Bailment. Though Z does not actually hold the car in his premises, but the act of handling over of the keys constitute delivery of possession of goods from X to Z hence, creating a relationship of bailor and bailee. Section 149 deals with actual and constructive delivery-Īctual delivery – When there is a physical transfer of possession of the goods.Ĭonstructive delivery – when there is no physical transfer of possession, but something is done which has the effect of putting them in possession of the bailee.įor instance, When X goes out of town, he requests his neighbor Z to keep an eye on his car and hands him the keys. Return of goods after the purpose is achieved, or their disposal according to the bailor’s directions.Delivery of goods- Delivery of possession of goods from one person to another.The person to whom they are delivered is called the ‘bailee’.”Īccording to section 148 there are two essentials of bailment The person delivering the goods is called the ‘bailor’. Definition of bailment – “A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
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