Section 168 The Indian Contract Act, 1872
Section 168 – The Indian Contract Act, 1872
📜 Title: "Bailment of goods — bailee's duty to take care"
Text of Section 168:
"The bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quality and value as the goods bailed."
🔍 Explanation of Section 168:
Section 168 specifies the standard of care a bailee must exercise when holding goods for someone else.
🧠 Key Points:
Standard of Care:
The bailee must take reasonable care.
The level of care expected is what an ordinary prudent person would take of their own goods that are similar in kind, quantity, and value.
Objective Test:
The care is judged objectively, considering the nature of goods, circumstances, and risk involved.
⚖️ Illustration:
A delivers valuable jewelry to B for safekeeping.
B must take the same care a prudent person would take if the jewelry were their own.
If B is negligent and the jewelry is stolen, B may be liable for loss.
🧑⚖️ Importance:
Protects the bailor’s interests by ensuring the bailee cannot act carelessly.
Does not require the bailee to be a perfect custodian, only reasonably careful.
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