'A' was going out of station so he kept his goods with 'B'. Later on 'B' without consent of 'A' mixed his goods with A's goods and the mixture cannot be separated. In the light of above case suggest what is remedy availa
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2022
'A' was going out of station so he kept his goods with 'B'. Later on 'B' without consent of 'A' mixed his goods with A's goods and the mixture cannot be separated. In the light of above case suggest what is remedy available for 'A'.
Answer & Explanation:
Bailee must keep the goods bailed to him separate from his own goods (Sections 155-157) of Indian Contract Act. 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 for any damages arising from the mixture. Bailee must keep the goods bailed to him separate from his own goods (Sections 155-157 of Indian Contract Act). 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. In the present case 'B' (Bailee) mixes the goods of 'A' (bailor), with his own goods, without the consent of 'A' (bailor) and goods cannot be separated so 'A' (bailor) is entitled to be compensated by 'B' (bailee) for the loss of goods.
Topics: Indian Contract Act, 1872
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