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CHAPTER IX OF BAILMENT

Section 150: Bailor’s duty to disclose faults in goods bailed

The Indian Contract Act, 1872

The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults.

If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed.

Illustrations

(a)A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is responsible to B for damage sustained.

(b)A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the injury.

Questions on this section

2 questions in 7 of our papers cite Section 150. Try these from the free papers:

  1. 1. Under Section 150 of the Indian Contract Act, 1872, where goods are bailed for hire, the bailor is responsible for damage arising to the bailee directly from faults in the goods:

  2. 2. Consider the following statements under Section 150 of the Indian Contract Act, 1872: 1. A lends B, free of charge, a horse which A knows to be vicious, and does not disclose this. The horse runs away and B is thrown and injured. A is responsible to B for the damage. 2. A bailor who fails to disclose such a fault is responsible for damage arising to the bailee from it indirectly as well as directly. 3. The bailor's duty is to disclose known faults which materially interfere with the use of the goods or expose the bailee to extraordinary risks. Which of the statements given above is/are correct?

Practise questions on Contract Law