What is Bailors duty to disclose faults in goods bailed? Section 150 of Indian Contract Act 1872
150. The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults.
If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed.
Illustrations
(a) A lends a horse, which he knows to be vicious, to B. He does
not disclose the fact that the horse is vicious. The horse runs
away. B is thrown and injured. A is responsible to B for damage
sustained.
(b) A hires a carriage of B. The carriage is unsafe, though B is
not aware of it, and A is injured. B is responsible to A for the
injury.
Section 146 - Co-sureties liable to contribute equally
Section 147 - Liability of co-sureties bound in different sums
CHAPTER IX BAILMENT
Section 148 - Bailment bailor and bailee defined
Section 150 - Bailors duty to disclose faults in goods bailed
Section 151 - Care to be taken by bailee
Section 152 - Bailee when not liable for loss, etc., of thing bailed
Section 153 - Termination of bailment by bailees act inconsistent with conditions
Section 154 - Liability of bailee making unauthorised use of goods bailed
Section 155 - Effect of mixture with bailors consent of his goods with bailees
Section 156 - Effect of mixture without bailor's consent, when the goods can be separated
Section 157 - Effect of mixture, without bailor's consent, when the goods cannot be separated
Section 158 - Repayment by bailor, of necessary expenses
Section 159 - Restoration of goods lent gratuitously
Section 160 - Return of goods bailed on expiration of time or accomplishment of purpose
Section 161 - Bailees responsibility when goods are not duly returned
Section 162 - Termination of gratuitous bailment by death
Section 163 - Bailor entitled to increase or profit from goods bailed
2023 (c) All Rights Reserved @aaptaxlaw.com