Chapter IX - Of Bailment
Section 180
Section 180: Claims against wrongdoers to bailed goods
A bailee may use the owner’s corresponding remedies against a third person wrongfully depriving possession or use, or injuring the goods.
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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 a third person wrongfully deprives the bailee of the use or possession of the goods bailed, or does them any injury, the bailee is entitled to use such remedies as the owner might have used in the like case if no bailment had been made; and either the bailor or the bailee may bring a suit against a third person for such deprivation or injury.
Rule and business relevance
Either bailor or bailee may sue the wrongdoer for that deprivation or injury. The bailee’s custody does not leave the goods without protection against outsiders.
Limits and related provisions
Distinguish the right to bring proceedings from final allocation of relief between bailor and bailee, which section 181 addresses. Avoid duplicate recovery for the same harm.
Hypothetical business example
Hypothetical example: A third party damages a machine held by a repairer. The repairer and owner assess who will bring the appropriate claim and how any recovery relates to their interests.
Practical decision flow
Identify the third person’s wrongful deprivation or injury.
Record the bailee’s custody and the owner’s available corresponding remedy.
Coordinate the claim and subsequent allocation of relief.
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
- Identify the third person’s wrongful deprivation or injury.
- Record the bailee’s custody and the owner’s available corresponding remedy.
- Coordinate the claim and subsequent allocation of relief.
Avoid
- Distinguish the right to bring proceedings from final allocation of relief between bailor and bailee, which section 181 addresses. Avoid duplicate recovery for the same harm.
Glossary
- Wrongdoer
- The third person causing the wrongful deprivation or injury.
- Owner’s remedy
- A remedy the owner could have used in the corresponding case without bailment.
Frequently asked questions
May the bailee sue despite not owning the goods?
Yes. The provision grants the stated remedies.
May the bailor also bring a suit?
Yes. Either may sue for the described deprivation or injury.
Where is allocation of recovery addressed?
Section 181.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026