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CASE
LAWS: CONTRACT LAW
Dec
- 2012
A lends his horse for riding for B
A knows that the horse is vicious and unsafe for riding but does not disclose
the same to B. B rides the horse. B is thrown and injured. B files a suit
against A to recover damages. Decide.
Answer:
Here the query is whether the suit
filed by B to recover damages is possible or not.
Yes.
‘B’ can claim compensation from ‘A’ to recover his damages under section 150 of
the Indian Contract Act, 1872.
Section
150: This section talks about the Bailor’s
duty to disclose the facts which are known and believe to be true to the
bailee, the faults in the goods bailed of which the bailor is aware and which
may expose the bailee to extraordinary risks. If he does not make such
disclosure, he is responsible for damage arising to the bailee directly from
such faults.
Where
the goods are hired freely/ gratuitously, then the Bailor is liable for
non-disclosure of known defects only.
With
reference to the above section, in the given case A does not disclose the
nature of the horse which is vicious and unsafe for riding to B who is innocent
and ride the horse and got injured is legally fault and liable to compensation.
As
‘A’ had full knowledge of the nature of a horse it was his duty as a bailor to
disclose the fact before lending. So A was liable for non- disclosure of known
faults which he has committed. In the view of this, A is legally bound to
compensate B for the injury suffered by ‘A’
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