Topic > Absolute Care Essay - 735

Section 152 adds that in the absence of a "special contract" the bailee would not be liable for loss or damage to the goods provided he took the amount prescribed in section 151. The section 151 provides establish a uniform standard of care for all bail cases. Therefore, even gratuitous or involuntary depositors are required to exercise their functions with the same care and diligence. Furthermore, the standard of care expected of the depositary under this section is that of an average prudent man with respect to his goods of the same quality, volume and value. Therefore, the extent of reasonable care and diligence would depend on the facts of each case. For example, in the event that goods on a ship were lost due to bad weather on the high seas, the warehouse keeper was held liable as the weather, although unusual, was not unpredictable and furthermore the goods had not been properly stowed, contributing so to the damage. In the case of Shanti Lal v. Tara Chand Madan Gopal, where the depositor's assets were lost due to floods, the Allahabad High Court held that "...no cast iron standard can be laid down for the measure