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It is well established now that Bailee will be liable for any loss or damage to the bailor which arises due to the negligence or lack of reasonable care of the goods bailed.
The bailee is liable for all injuries to the property from failure to properly care for or use it. Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract.
In a mutual benefit bailment, the bailee must exercise ordinary care with respect to the bailed property and will be liable for ordinary negligence. Ordinary care is that degree of care a person of ordinary prudence would use if the property were his or her own.
Right to Compensation: Bailee has the right to claim compensation from the bailor in respect to any damages done to him by the act of the bailor. Right to Expenses or Remuneration: Bailor is bound to repay all the expenses which were incurred by him for the work done on the goods received in the bailment.
1. Right to recover charges:-If the bailment is non-gratuitous, Bailee has right to recover agreed charges. If charges is not fix or agreed. Then Bailee can recover reasonable charges or charge which is charged by other bailee.
The bailee is not liable if the delay in delivering the goods or disposal of goods is due to default of others. Unexplained failure to return the thing bailed is presumed to be by the bailee's default;12And it would be presumed as his negligence.
As per the section 148 of the Indian Contract Act, 1872, a bailment is a contract where one person delivers goods to another person for some purpose. The person delivering the goods is the Bailor and the person receiving the goods is the Bailee.
The bailee is liable for all injuries to the property from failure to properly care for or use it. Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract.
As per the section 148 of the Indian Contract Act, 1872, a bailment is a contract where one person delivers goods to another person for some purpose. The person delivering the goods is the Bailor and the person receiving the goods is the Bailee.