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Report No. 13

125. Section 160.-

This section does not provide for the bailor's remedies if the goods are not forthcoming. He has the remedy for damages against the bailee and also the equitable remedy to follow the proceeds of a sale by the bailee where they can be distinguished either being actually kept separate or being mixed up with other moneys.1

1. Per Jessel M.R. Hallet's Estate (in re:), (1879) 13 Ch D 696 (710).

We consider that a provision should be made for the remedies of the bailor apart from his rights under the existing section by adding a new sub-section.

126. Sections 161-170.-

No change is recommended in sections 161 to 170.

Indian Contract Act, 1872 Back

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