Question

A lends his car to B for a drive by him only. B allows C, an expert driver, to drive the car. C drives the car with care but hits with an electronic pole. The car is damaged. Decide.

• A. B is liable for the damage to A's car.
• B. B is not liable for the damage to A's car as C is driving car who is expert and in ordinary circumstances car may met with accident.
• C. C is driving car and hence he is directly liable for the damage to A's car.
• D. None of the above

Answer 1

The correct option is A B is liable for the damage to A's car.

Section 154, Indian Contract Law, 1872, states "Liability of bailee making unauthorised use of goods bailed.—If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them. —If the bailee makes any use of the goods bailed which is not according to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them." Hence, when C drives the car with care but hits with an electronic pole B is liable for damage to A's car.