PRINCIPLE 1 : A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’. PRINCIPLE 2 : In all cases of bailment the bailee is bound to take as much care of the goods bailed to him/her as a person of ordinary prudence would, under similar circumstances, take of his/her own goods of the same bulk, quantity and value as the goods bailed. FACTS : Aparna entered into a contract with Gagan to keep her goods in his warehouse until she was able to find a suitable buyer for them. Gagan kept his own goods also at the same warehouse. One night, certain thieves entered the warehouse and stole the goods of both Gagan and Aparna. It was discovered that even though Gagan had locked the main door, he had carelessly left the windows open and that the thieves had entered through the open windows. Aparna sued Gagan for damages as Gagan had failed to take due care of her goods. Decide.

Option A: Gagan is liable since he left the windows open which shows that he did not take as much care as a person of ordinary prudence

Option B: Gagan is not liable since he took as much care of Aparna’s goods as he took of his own goods

Option C: Gagan is not liable since he locked the door and a person of ordinary prudence cannot be expected to check the windows as well

Option D: None of the above

Correct Answer

Option: a

Explanation

Chapter IX, Section 148 of The Indian Contract Act defined ““Bailment”, “bailor” and “bailee” “

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