Indian Contract Act : Effect of mixture without bailor's consent, when the goodscan be separated Indian Bare

Indian Contract Act,1872

Act No : 9

Section : Effect of mixture without bailor's consent, when the goodscan be separated

156.Effect of mixture without bailor's consent, when the goodscan be separated.-If the bailee, without the consent of the bailor,mixes the goods of the bailor with his own goods, and the goods can beseparated or divided, the property in the goods re-mains in theparties respectively ; but the bailee is bound to bear the expense ofseparation or division, and any damage arising from the mixture. Illustration A bails 100 bales of cotton marked with a particular mark to B.B, without A's consent, mixes the 100 bales with other bales of hisown, bearing a different mark : A is entitled to have his 100 balesreturned, and B is bound to bear all the expense incurred in theseparation of the bales, and any other incidental damage.