McElwee v McDonald

• Jurisdiction: Ireland
• Judgment Date: 17 November 1969
• Date: 17 November 1969
• Docket Number: [1969. No. 295 P.]
• Court: High Court

(H.C.)

McElwee

and

McDonald

Delegation - Goods of bailor to be repaired by bailee for reward - Bailee's duty to take care of goods - Bailee delegating task of repair to independent contractor - Goods damaged by negligence of independent contractor -Liability of bailee to bailor.

Where the goods of a bailor are delivered by him to a bailee so that the bailee may repair the goods for reward and the bailee delegates the repair work (with or without the consent of the bailor) to an independent contractor, then the bailee is liable to the bailor for damage to the goods caused by the negligence of the independent contractor unless the bailor has agreed to exempt the bailee from liability for such damage. So heldby Kenny J. British Road Services Ltd....