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In force2023 Revised Edition
Contents

Part · Bailment

110. Effect of mixture, without bailor’s consent, when goods cannot be separated

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.

Contracts

Illustration

A bails a barrel of high grade flour, worth $45, to B. B without A’s consent, mixes the flour with inferior flour of his own, worth only $25 a barrel. B must compensate A for the loss of his flour.

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