ICA Section 150: Bailor's duty to disclose faults in goods bailed
Indian Contract Act, 1872 · Chapter 9: Bailment
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150. Bailor's duty to disclose faults in goods bailed.- The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults.
If the goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed.
Illustrations
(a) A lends a horse, which he knows to be vicious, to B. He does not disclose the fact that the horse is vicious. The horse runs away. B is thrown and injured. A is responsible to B for damage sustained.
(b) A hires a carriage of B. The carriage is unsafe, though B is not aware of it, and A is injured. B is responsible to A for the injury.
Official reference: India Code, Legislative Department — checked: 29 September 2026.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 148. "Bailment", "bailor" and "bailee" defined
- 149. Delivery to bailee how made
- 151. Care to be taken by bailee
- 152. Bailee when not liable for loss, etc. of thing bailed
- 153. Termination of bailment by bailee's act inconsistent with conditions
- 154. Liability of bailee making unauthorized use of goods bailed
- 155. Effect of mixture, with bailor's consent, of his goods with bailee's
- 156. Effect of mixture, without bailor's consent when the goods can be separated
- 157. Effect of mixture, without bailor's consent, when the goods cannot be separated
- 158. Repayment, by bailor, of necessary expenses
- 159. Restoration of goods bailed, on expiration of time or accomplishment of purpose
- 160. Return of goods bailed, on expiration of time or accomplishment of purpose
- 161. Bailee's responsibility when goods are not duly returned
- 162. Termination of gratuitours bailment by death
- 163. Bailor entitled to increase or profit from goods bailed
- 164. Bailor's responsibility to bailee
- 165. Bailment by several joint owners
- 166. Bailee not responsible on re-delivery to bailor without title
- 167. Right of third person claiming goods bailed
- 168. Right of finder of goods may sue for specific reward offered
- 169. When Finder of thing commonly on sale may sell it
- 170. Bailee's particular lien
- 171. General lien of bankers, factors, wharfingers, attorneys, and policy brokers
- 172. "Pledge", "pownor" and "pawnee" defined
- 173. Pawnee's right of retainer
- 174. Pawnee not to retain for debt or promise other than that for which goods pledged: Presumption in case of subsequent advances
- 175. Pawnee's right to extraordinary expenses incurred
- 176. Pawnee's right where pawnor makes default
- 177. Defaulting pawnor's right to redeem
- 178. Pledge by mercantile agent
- 178A. Pledge by person in possession under voidable contract
- 179. Pledge where pawnor has only a limited interest suits by bailors against wrong-doers
- 180. Suit by bailor or bailee against wrong-doer
- 181. Apportionment of relief or compensation obtained by such suits