Question

The liability of a hotel keeper is governed by Sections 151 and 152 of the Indian Contract Act, 1872 and is that of an ordinary bailee with regard to the property of the guests.

• A. False
• B. True
• C. Partly true
• D. None of the above

Answer 1

The correct option is B True

Section 151 states: Care to be taken by bailee.

In all cases of bailment, the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would, under similar circumstances, take of his own goods of the same bulk, quantity and value as the goods bailed and Section 152 states Bailee when not liable for loss, etc., of thing bailed.

The bailee, in the absence of any special contract, is not responsible for the loss, destruction or deterioration of the thing bailed if he has taken the amount of care of it described in section 151. Hence, hotel keepers are strictly liable to guests for personal property that is lost or stolen from the hotel keeper’s premises even if the loss was not the hotel keeper's fault.