Effect of mixture, without bailor‟s consent, when the goods can be separated
Chapter 10: Of bailment
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 expense of separation or division, and any damage arising from the mixture.
Illustration.
A bails 100 bales of cotton marked with a particular mark to B. B, without A‟s consent, mixes the 100 bales with other bales of his own, bearing a different mark: A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.
The Indian Contract Act, 1872 (Act No. 9 of 1872). From the updated text on India Code, with later amendments. Being checked against the official copy; amendment notes are not shown yet.
Related sections
- 153Termination of bailment by bailee‟s act inconsistent with conditions
- 154Liability of bailee making unauthorized use of goods bailed
- 155Effect of mixture, with bailor‟s consent, of his goods with bailee‟s
- 157Effect of mixture, without bailor‟s consent, when the goods cannot be separated
- 158Repayment, by bailor, of necessary expenses
- 159Restoration of goods lent gratuitously