Section 157
Effect of mixture, without bailor‟s consent, when the goods cannot 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, 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 the goods.
Illustration.
A bails a barrel of Cape flour worth Rs. 45 to B. B, without A‟s consent, mixes the flour with country flour of his own, worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.
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
- 154Liability of bailee making unauthorized use of goods bailed
- 155Effect of mixture, with bailor‟s consent, of his goods with bailee‟s
- 156Effect of mixture, without bailor‟s consent, when the goods can be separated
- 158Repayment, by bailor, of necessary expenses
- 159Restoration of goods lent gratuitously
- 160Return of goods bailed on expiration of time or accomplishment of purpose