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Chapter IX - Of Bailment

Section 157

Section 157: Unauthorised mixing of inseparable goods

A bailee who mixes goods without consent so that they cannot be separated and returned must compensate the bailor for the loss.

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Need advice on Section 157?

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.

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Statutory text

Bare law

If the bailee, without the consent of the bailor, mixes the goods of the bailor with his own goods, in such a manner that it is impossible to separate the goods bailed from the other goods, and deliver them back, the bailor is entitled to be compensated by the bailee for the loss of the goods.

Illustration

A bails a barrel of Cape flour worth Rs. 45 to B. B, without A’s consent, mixes the flour with country flour of his own, worth only Rs. 25 a barrel. B must compensate A for the loss of his flour.

Rule and business relevance

The essential distinction is impossibility of separating the bailed goods from the others and delivering them back.

Limits and related provisions

Do not assume every bulk mixture is legally inseparable. Establish the practical position and assess the bailor’s loss on evidence.

Hypothetical business example

Hypothetical example: A custodian mixes a customer’s higher-grade flour with its own lower-grade flour without consent, preventing return of the customer’s original goods.

Practical decision flow

Establish absence of consent.

Assess whether separation and return are impossible.

Document the goods’ value and resulting loss.

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

  • Establish absence of consent.
  • Assess whether separation and return are impossible.
  • Document the goods’ value and resulting loss.

Avoid

  • Do not assume every bulk mixture is legally inseparable. Establish the practical position and assess the bailor’s loss on evidence.

Glossary

Inseparable mixture
A mixture from which the original bailed goods cannot be separated and returned.
Loss of goods
The loss for which compensation is required.

Frequently asked questions

What distinguishes section 157 from section 156?

Impossibility of separation and return.

Who owes compensation?

The bailee who made the unauthorised mixture.

Does the rule depend on consent?

It applies to mixing without the bailor’s consent.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026