Problems based on Contract and Solution-12
Indian Contract Act, 1872
Dr. Tanmoy Mukherjee
Advocate
Problems based on Contract and Solution-12
Tanmoy Mukherjee
Advocate
Question- C hires a Carriage from B. The carriage is unsafe. B is not aware of it. C is injured. Discuss the legal position of the case.
→Legal Issue-
Whether the bailor (B) is liable when the goods bailed are defective, but the bailor has no knowledge of the defect, and the bailee (C) is injured.
Legal provision –
Section 150 of Indian Contract Act 1872, the bailor must disclose known faults in the goods bailed which materially interfere with their use.
If the bailor is not aware of the fault he is not liable.
Application of the Law-
-C hired a Carriage from B → Non-gratuitous bailment.
-The Carriage was unsafe but→ B had no knowledge of the defect.
→Liability under Section - 150 arises only when the bailor knows of the defect and fails to disclose it.
→Since B was unaware; there is no breach of Duty.
Conclusions-
→B is not liable for the injure suffered by C.
→C cannot claim damages from B.
→The injure is treated as an accidental loss without fault of the bailor.
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