Kate delivered her clothes to Mary for repair and paid for the work in advance. It was agreed that Mary would deliver the clothes to Kate’s house upon repair. However,
Mary did not take the clothes back as agreed and in the process they were stolen when a burglar broke into Mary’s premises. With reference to the above facts, highlight Mary’s liability, if any. (6 marks)
ANSWER
This problem is based on the law relating to contracts of bailment. In this case Kate is the bailor as she delivered her clothes to Mary for repair only and paid for the same in advance. Mary the bailee had no other mandate other than repair and return the goods to Kate which is the essence of the bailment. As a bailee Mary is bound to take reasonable care of the goods the subject matter of the bailment. As a bailee Mary is bound to take reasonable care of the goods the subject matter of the bailment. In this case Mary did not return the goods to Kate as agreed and were then stolen. The loss of is traceable to Mary‟s failure to return them to Kate after repair. It would appear to follow that Mary is liable in damages for breach of duty.