Bailment-2

Duties of the Bailor

1)bailor is bound to disclose to the bailee faults in the goods paid of which the bailor is aware.
Anything that might materially interfere with the bailees use of the goods which expose the
bailee to extraordinary risk. If he does not make such disclosure, he is responsible for the
damages arising to the bailee.
2)If the goods are bailed for hire, the bailor is responsible for such damage whether he was or
was not aware of such fault in the goods paid.
Illustration
A lends his horse to B, however at the time of lending he does not disclose that the horse is
vicious. When B rode the horse he was thrown off, and suffered injury, according to section 150,
if the goods have any fault, bailor is liable and here A is liable to B.
Hyman and wife v Nye and sons
The plaintiff hired from the defendant for a specific journey of a carriage, a pair of horses and a
driver. During the journey a bolt in the under-part of the carriage broke, the splinter bar became
displaced, the carriage was upset and the plaintiff injured. Holding the defendant liable, justice
Lindley said: “A person who lets out carriages is not responsible for all defects discoverable or
not; he is not an insurer against all the defects which care and skill guard against. His duty is to
supply a carriage as fit for the purpose for which it is hired as care and skill can render it”. When
a bailor bails a thing, the bailor must inform the bailee of the same
Duties of the bailee
1) Duty to take reasonable care of the goods bailed(s151-152)
According to s 151 the bailee is bound to take as much care of the goods bailed to him as man of
ordinary prudence would take of his own goods.
2) Duty not to make unauthorized use of the goods bailed (153-154)
3) Duty not to mix Bailor goods with his own goods (155-157)
4) Duty to return the goods on fulfilment of the purpose (159-161 165-167)
5) Duty to deliver to the bailor increase or profit on the goods paid (163)