Section 158 The Indian Contract Act, 1872
Section 158 – The Indian Contract Act, 1872
📜 Title: "Repayment, by bailor, of necessary expenses"
Text of Section 158:
"Where, by the conditions of the bailment, the goods are to be kept or to be carried, or to be otherwise employed by the bailee for the bailor, and the bailee is to receive no remuneration, the bailor shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment."
🔍 Explanation of Section 158:
This section deals with gratuitous bailment — where the bailee (the person holding goods) is not paid for keeping, carrying, or using the goods.
🧠 Key Points:
Gratuitous Bailment:
The bailee does it without charge — no remuneration is involved.
Reimbursement of Expenses:
The bailor (the owner of the goods) must repay necessary expenses the bailee incurs in keeping, transporting, or using the goods for the bailor’s benefit.
⚖️ Illustration:
A asks B to take care of his dog for 2 weeks while he is away.
B agrees to do it for free (no remuneration).
B spends money on dog food and a vet visit.
A is bound to reimburse B for those necessary expenses under Section 158.
🔑 Important Notes:
This section encourages fairness and discourages the exploitation of someone who volunteers to help without compensation.
The expenses must be reasonable and necessary for the bailment.
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