2.6 Rights and Duties of Bailer and Bailee

Bailor's duties/rights: disclose latent defects known to him; bear extraordinary expenses of the bailment; receive the goods back on termination; indemnify the bailee for losses from the bailment's own defects; take reasonable care not to give the bailee goods that endanger him. Bailee's duties (the exam list):1. Take reasonable care of the goods — the common law's care gradient (gratuitous bailee's lighter, paid bailee's stricter standard — the Morris line by name only; the Code's own general- care standard applies in Nepal).2. Not to use the goods beyond the bailment's purpose.3. Not to mix the goods with his own (if separable, at his cost; if not, conversion — the bailor may treat the mixture as his or claim damages).4. Not to deny the bailor's title; not to set up an adverse title.5. Return the goods (with accretions) on the purpose's accomplishment or the bailor's demand — with delay liability (interest/damages). Bailee's rights: recover the agreed charges; particular lien — retain the goods until his lawfully-incurred charges are paid (general liens belong to bankers, wharfingers and attorneys by custom — name only); recover the bailment's necessary expenses (gratuitous bailments); deliver to the bailor, his agent, or (on the bailor's death) to his legal representative.