Bailee to take care of Goods

In a bailment relationship, the bailee is under a duty to take care of the goods bailed to them. This duty is called the bailee’s duty of care.

The bailee’s duty of care is to take reasonable care of the goods. This means that the bailee must take the same care of the goods as they would take of their own goods.

The bailee’s duty of care is not absolute. The bailee is not liable for any loss or damage to the goods if the loss or damage is caused by an act of God, an act of the bailor, or the inherent vice of the goods.

The bailee’s duty of care can be discharged by the bailor’s express or implied waiver. For example, if the bailor tells the bailee that they do not need to take any special care of the goods, the bailee may be considered to have waived their right to have the goods cared for in a particular way.

MCQs on Bailee to take care of Goods

  1. Which of the following is not a factor that the bailee must consider when taking care of the goods?
    • The value of the goods.
    • The purpose for which the goods are being bailed.
    • The custom of the trade.
    • The bailee’s own personal circumstances.
    • Answer: The bailee’s own personal circumstances. The bailee’s own personal circumstances are not a factor that they must consider when taking care of the goods.
  2. The bailee’s duty of care is not absolute. What does this mean?
    • This means that the bailee is not liable for any loss or damage to the goods if the loss or damage is caused by an act of God, an act of the bailor, or the inherent vice of the goods.
  3. The bailee’s duty of care can be discharged by the bailor’s express or implied waiver. What does this mean?
    • This means that the bailor can waive their right to have the goods cared for in a particular way by either expressly stating that they do not want the goods cared for in a particular way or by impliedly waiving their right by not specifying how the goods should be cared for.
  4. The bailee can be liable for damages if they fail to take care of the goods. What are some examples of damages that the bailor can claim?
    • The cost of repairing the goods.
    • The loss of the use of the goods.
    • The cost of replacing the goods.
    • All of the above.
    • Answer: All of the above. The bailee can be liable for the cost of repairing the goods, the loss of the use of the goods, and the cost of replacing the goods if they fail to take care of the goods.