Duties of the Bailee

1. To take reasonable care of the goods bailed

It is the duty of the bailee to take reasonable care of the goods bailed as a man of ordinary prudence would, under similar circumstance, take care of his own goods of the same bulk, quality and value as the goods bailed. It should be noted that the degree of care will be the same whether the bailment is gratuitous or non- gratuitous, i.e., for reward or not for reward. If he has taken reasonable care, he is no more liable (Sees. 151 and 152). Example: A customer entered a restaurant for dining: His coat was taken over by a waiter. He hung it on a hook behind A. The coat was stolen. Held, the proprietor of the restaurant became bailee of the coat and as such, was liable for the loss.

2. Not to make any unauthorized use of

goods bailed
A bailee is under a duty to use the goods according to the terms of the agreement. In case he makes unauthorized use of the goods, he will be liable to make good the loss. (Sec. 154). It should be noted that if the bailee makes unauthorized use of the goods his liability is absolute. He will be liable even if he is not guilty of negligence or even if the loss is the result of an accident or act of God (Sec. 154).

3. . Not to mix the goods with his own goods

The bailee should not mix the goods bailed with his own goods. He should keep these goods separately. If he mixes the goods: (a) With the consent of the bailor: In this case, the bailor and bailee shall have proportionate interest in the mixture i.e., the goods mixed. (b) Without the consent of the bailor. (i) When the goods can be separated: The bailee is bound to bear the expenses of separation and any loss or damage arising from the mixture. (ii) When the goods cannot be separated: The bailee will have to bear the loss (Sec. 157). Example:A delivers 10 kg pure ghee to B. B, without A's consent, mixes the ghee with his Dalda ghee (vegetable I oil). It is not possible to separate pure ghee from Dalda ghee. Hence B must compensate A for the loss. (c) In case the goods get mixed due to an accident or by an act of God, or by mistake of the bailee or any third party, the bailee shall bear the loss and expense incurred for separation of goods. In case the goods cannot be separated, the bailee will have to bear the whole loss.

4. Not to set up an adverse title

The bailee holds the goods on behalf of the bailor. He is not entitled to deny the title of the bailor or set up an adverse title. However, in case any third party proves a better title than that of the bailor, the bailee may deliver the goods to that third party.

5. To return the goods bailed

A bailee is under a duty to return or dispose of the goods bailed according to the directions of the bailor as soon as, after the purpose is over or the time for) which they were deposited, has expired (Sec. 160). Further, in case he fails to return the goods, he will be responsible to the bailor for any loss, destruction or deterioration of the goods thereafter, even if he exercises reasonable care on his part (Sec. 161).

6. To return any accretion to the goods

In the absence of a contract to the contrary, a bailee is bound to return any increase or accretion to the goods bailed. Example: A leaves his cow with B. The cow gives birth to a calf. A is entitled to both the cow and the calf.