State the Effect of mixture of bailor goods with bailee / Indian Contract Act II

(a) What is the effect of mixture of the goods of the bailor with the goods of the bailee by the bailee? Give illustration.

(b) C gives D his horse to ride. D drives the horse in a carriage. The horse falls and gets hurt. Explain the right of C.

Ans. (a) Effect of mixture of bailor’s goods with bailee’s-

The mixture can be with the consent of the bond or without your consent, again, the rescued item may or may not be distinguishable or separable from the mass.

In the concessionaire, with the consent of the surety agent (bailor), mixes the goods/assets or a surety agent with his own assets/goods, the surety agent (bailor), and the beneficiary will have an interest, in proportion to their respective actions, in the mixture thus produced. (sec. 155).

If he deposits without the consent of the bond, he mixes the assets of the bond with his own assets, and the god and separates, or divides, the ownership of the assets remains in the parts respectively, but the beneficiary is obliged to assume the expenses. of separation or division and any damage derived from the mixture. (sec. 156)

Illustration

A releases 100 bales of cotton marked with a particular brand to B.B. without A's consent, mix the 100 bales with other bales of their own bearing a different brand. A is entitled to have his 100 bales returned, and B is obliged to bear all costs incurred in separating the bales, and any other incidental damages.

If the concessionaire, without the consent of the bond, mixes the assets of the bond with his own assets in such a way that it is impossible to separate the salvaged assets from the other assets and the concessionaire for the loss of assets (Sec. 157)

Illustration

A security deposit of one barrel of flour of Rs. 45 a B.B., without A's consent, mixes the flour with field flour of its own value only Rs. 25 per barrel, B must compensate A for the loss of his flour.

(b) C is entitled to obtain compensation from D for the injury caused to his horse. If the assignee or bailee makes use of the goods or assets that were rescued, which is not in accordance with the conditions of the bond, he is responsible for compensating the bond for the damages derived from the goods derived from or during the use of the same. (Sec. 154)