Chapter IX - Of Bailment
Section 155
Section 155: Mixing goods with consent
Consensual mixing gives bailor and bailee interests in the mixture proportionate to their respective shares.
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This article is for general information. Refer to the Indian Contract Act, 1872 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
If the bailee, with the consent of the bailor, mixes the goods of the bailor with his own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the mixture thus produced.
Rule and business relevance
The rule applies when the bailee mixes the bailor’s goods with the bailee’s own goods with the bailor’s consent. Records of quantities and shares become important.
Limits and related provisions
Do not use this consensual rule where consent was absent. Sections 156 and 157 distinguish separable and inseparable unauthorised mixtures.
Hypothetical business example
Hypothetical example: A customer agrees that a custodian may mix an identified quantity of grain with its own compatible stock. Their interests in the mixture correspond to their respective shares.
Practical decision flow
Record the consent to mixing.
Measure each party’s contribution.
Maintain a ledger of their proportionate interests.
Check the applicable legal framework
This guide explains the central provision. Applicable State amendments, the agreement, transaction date and other governing laws can affect its application. Check the current legal framework before relying on it for a commercial decision.
Practical checklist
Do
- Record the consent to mixing.
- Measure each party’s contribution.
- Maintain a ledger of their proportionate interests.
Avoid
- Do not use this consensual rule where consent was absent. Sections 156 and 157 distinguish separable and inseparable unauthorised mixtures.
Glossary
- Mixture
- The combined goods resulting from the agreed mixing.
- Proportionate share
- An interest corresponding to each party’s contribution.
Frequently asked questions
Is consent important?
Yes. It distinguishes this provision from unauthorised mixing.
Does the bailee own the whole mixture?
No. Both parties have interests in proportion to their shares.
Which provisions address mixing without consent?
Sections 156 and 157.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026