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Section 95: Rules on mixing bailor's goods with bailee's own goods

95.Mixture of goods of bailee and bailor

(1) Where a bailee with the consent of a bailor, mixes the goods of the bailor with his or her own goods, the bailor and the bailee shall have an interest, in proportion to their respective shares, in the goods produced.

(2)Where a bailee without the consent of a bailor, mixes the goods of the bailor with his or her own goods and the goods in the mixture can be separated or divided, the property in the respective goods remains in the parties individually.

(3)A bailee who mixes the goods of a bailor with his or her own goods without the consent of the bailor under subsection (2), shall bear the expenses of the separation or division and any damage which arises from the mixture.

(4)Where a bailee without the consent of a bailor mixes the goods of the bailor with his or her own goods in such a manner that it is not possible to separate the bailed goods from the other goods and to deliver them back, the bailor is entitled to compensation by the bailee for the loss of the goods.

Plain English Summary

A bailee who mixes goods of a bailor with their own goods must follow specific rules depending on whether the bailor consented. If the bailor agreed, ...

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🔍Search Tips
  • • Search by keyword: "land", "tax", "arrest"
  • • Use exact phrases: "land commission"
  • • Enter citations: 45, 45(3)(a), 45:3:a
  • • Press / to search, Esc to close

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