Indian Contract Act,1872
Act No : 9
Section : Liability of bailee making unauthorized use of goodsbailed
154. Liability of bailee making unauthorized use of goodsbailed.-If the bailee makes any use of the goods bailed, which is notaccording to the conditions of the bailment, he is liable to makecompensation to the bailor for any damage arising to the goods from orduring such use of them. Illustrations (a)A lends a horse to B for his own riding only. B allows C, amember of his family, to ride the horse. C rides with care, but thehorse accidentally--------------------------------------------------------------------- 1 The responsibility of the Trustees of the Port of Madrasconstituted under the Madras Port Trust Act, 1905 (Mad. 2 of 1905), inregard to goods has been declared to be that of a bailee, under thesesections, without the qualifying words " in the absence of any specialcontract" in s. 152, see s. 40 (1) of that Act. 2 As to railway contracts, see the Indian Railways Act, 1890 (9of 1890), s. 72. As to the liability of common carriers, see theCarriers Act, 1865 (3 of 1865), s. 8.---------------------------------------------------------------------58falls and is injured. B is liable to make compensation to A for theinjury done to the horse. (b)A hires a horse in Calcutta from B expressly to march toBenares. A rides with clue care, but marches to Cuttack instead. Thehorse accidentally falls and is injured. A is liable to makecompensation to B for the injury to the horse.
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