Liability of bailee making unauthorized use of goods bailed
Chapter 10: Of bailment
If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them.
Illustrations.
(a)A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but the horse accidentally falls and is injured. B is liable to make compensation to A for the injury done to the horse. (b)A hires a horse in Calcutta from B expressly to march to Benares. A rides with due care, but marches to Cuttack instead. The horse accidentally falls and is injured. A is liable to make compensation to B for the injury to the horse.
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
- 151Care to be taken by bailee
- 152Bailee when not liable for loss, etc., of thing bailed
- 153Termination of bailment by bailee‟s act inconsistent with conditions
- 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
- 157Effect of mixture, without bailor‟s consent, when the goods cannot be separated