LawgistThe Indian Contract Act
156Effect of mixture, without bailor's consent, when the good can 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 be separated or divided, the property in the goods remains in the parties respectively; but the bailee is bound to bear the expense of separation 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 his own, bearing a different mark: A is entitled to have his 100 bales returned, and B is bound to bear all the expense incurred in the separation of the bales, and any other incidental damage.
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OF BAILMENT
- 148 "Bailment", "bailor" and "bailee" defined
- 149 Delivery to bailee how made
- 150 Bailor's duty to disclose faults in goods bailed
- 151 Care to be taken by bailee
- 152 Bailee when not liable for loss, etc., of thing bailed
- 153 Termination of bailment by bailee's act inconsistent with conditions
- 154 Liability of bailee making unauthorized use of goods bailed
- 155 Effect of mixture, with bailor's consent, of his goods with bailee's
- 156 Effect of mixture, without bailor's consent, when the good can be separated
- 157 Effect of mixture, without bailor's consent, when the goods cannot be separated
- 158 Repayment, by bailor, of necessary expenses
- 159 Restoration of goods lent gratuitously
- 160 Return of goods bailed, on expiration of time or accomplishment of purpose
- 161 Bailee's responsibility when goods are not duly returned
- 162 Termination of gratuitous bailment by death
- 163 Bailor entitled to increase or profit from goods bailed
- 164 Bailor's responsibility to bailee
- 165 Bailment by several joint owners
- 166 Bailee not responsible on re-delivery to bailor without title
- 167 Right of third person claiming goods bailed
- 168 Right of finder of goods
- 169 When finder of thing commonly on sale may sell it
- 170 Bailee's particular lien
- 171 General lien of bankers, factors, wharfingers, attorneys and policy-brokers
