Sunday, December 31, 2006

Duty to take care

After doing a lot of research on duty to take care I came to a conclusion that the whole thing depends on Court's interpretation with regard to the Duty to Take Care. At some point of time the Courts have decided that there is the duty to take care on the part of the defendant while at some other places it has been decided that there was no duty to take care on the part of the plaintiff. The onus of proving that there is proper care was taken while taking care of the goods of the principal is on the defendant and if he fails to do so, even after taking the utmost care, then he will be liable and have to pay damages to the principal.

With regards to the bailment the bailee is liable even for the negligence on the part of his servants thus making him more responsible in this regard. Also, in Partnership, it's the main duty of the partners to take the utmost care while dealing with the business functions otherwise it may cause loss t the firm and the partner has to pay damages to the firm.

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