Swadha Prasad, O.P. Jindal Global University
ABSTRACT
The evolution of duty of care in bailment contracts has been a subject of interest and debate, particularly the conflict between Section 151 and Section 152 of the Indian Contract Act, 1872. These sections specifically define the parameters of the duty of care owed by a bailee to a bailor and discuss circumstances where the bailee may be held liable for causing any loss to bailed goods. This paper tries to chart the historical development of bailment contracts and the paradigm shift in holding the bailee strictly liable for all malfeasances. The primary conflict which arises is whether the bailee can contract himself out of these obligations by a special contract under Section 152. Possible solutions to resolve such conflicts are also explored by the paper. While the contract act continues to tackle this conundrum, efforts from learned judges and law commission have been made to branch through this labyrinth.
