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UNIVERSITY EXAM PREPRATION MATERIALS
CASE
LAWS: CONTRACT LAW
Dec
- 2012
1. ‘A’ lends a horse to ‘B’ for his own riding only. ‘B’ allows ‘C’ his friend to ride the horse. ‘C’ rides with care but the horse accidentally falls and is injured. Have ‘A’ any rights against ‘B’?
Answer:
Query need to be answered is
whether A has any rights against B.
Yes, under section 154 of the
Indian Contract Act ‘A’ has rights to sue ‘B’ for compensation.
Section
154: Deals with Bailment. I states that if the goods
are bailed for some specific purpose, it should be used only for that purpose. If
it is used for some other purpose, and if any loss occurs to the goods by such
use, then the bailee is liable to pay compensation even though he is not
negligent.
In the above case A lends Horse for
B purpose alone with stating specific instructions that only he shall ride it
and not to any other person or for any other purpose. B as a bailee of the
horse violates the instructions of ‘A’ by allowing his friend C for riding the
horse.
So this paves the way for A to
claim his right to get compensation from ‘B’ towards the injury suffered by the
horse due to the accident even though C was careful in riding horse.
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