Section 155 of Indian Contract Act, 1872: Mixture of Goods with Bailor's Consent

Section 155 deals with a specific situation in bailment: the bailee mixes the bailor's goods with the bailee's own goods, and the bailor has consented to that mixing. The legal consequence is shared interest in the resulting mixture in proportion to each party's respective contribution.

What does Section 155 provide?

Section 155 - Effect of mixture, with bailor's consent, of his goods with bailee's.
If the bailee, with 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 proportion to their respective shares, in the mixture thus produced.

The provision is part of Chapter IX of the Indian Contract Act, 1872, which deals with bailment. In practical terms, where the mixing is authorised by the bailor, the law does not treat the act of mixing as wrongful merely because the goods have lost their separate physical identity. Instead, both parties obtain proportionate interests in the combined goods.

Meaning of bailment, bailor and bailee

Section 148 defines bailment as delivery of goods by one person to another for a purpose, upon a contract that the goods will, when the purpose is accomplished, be returned or otherwise dealt with according to the directions of the person delivering them. The person delivering the goods is the bailor, and the person receiving them is the bailee.

Essential requirements of Section 155

There must be goods belonging to the bailor in the possession of the bailee under a bailment.
The bailee must mix those goods with the bailee's own goods.
The bailor must consent to the mixture.
After the authorised mixture, the bailor and bailee have interests in the resulting mixture proportionate to their respective shares.

Simple example

Suppose a bailor delivers 40 kilograms of a fungible commodity to a bailee and expressly permits it to be mixed with 60 kilograms of the bailee's identical commodity. Subject to the facts and terms of the bailment, Section 155 means that their interests in the resulting 100-kilogram mixture correspond to their respective shares: 40 percent for the bailor and 60 percent for the bailee.

Why consent matters

Consent is the dividing line between Section 155 and the immediately following provisions. Section 156 deals with an unauthorised mixture where the goods can be separated, while Section 157 deals with an unauthorised mixture where the goods cannot be separated. Section 155, by contrast, applies when the bailor has agreed to the mixing.

Relationship with the bailee's general duties

Section 155 should be read with the wider bailment provisions. Section 151 prescribes the care to be taken by a bailee, while Section 154 addresses liability arising from use of bailed goods inconsistent with the conditions of bailment.

Official statutory source

The current central Act and its section list can be verified on the official India Code portal maintained for Central legislation. The official text identifies Section 155 under the bailment provisions of the Indian Contract Act, 1872.

Indian Contract Act, 1872 - India Code

Legal note: This page provides a general explanation of Section 155. The application of the provision to a particular transaction depends on the terms of bailment, the nature of the goods, evidence of consent and the surrounding facts.