Page:Halsbury Laws of England v1 1907.pdf/758

 Bailment.

636 Sect.

2.

Mandate.

him

any breach of duty on his part in respect of Further, apart from special contract, he custody (e). must act prudently and honourably, and exercise reasonable care and diligence in the conduct of the employment which he has undertaken he must use such care and diligence as persons ordinarily use in their own affairs, and such skill as he possesses (/). If a mandatary holds himself out as possessing exceptional skill by reason of his profession or occupation, and is in consequence trusted by the mandator for a particular task, he is liable for negligence if he fail to use such skill (g) arising out of

safe

its



Representation of skill.

.

The public

profession of an art is a representation that the professor possesses the requisite skill and ability. When, therefore, a skilled labourer, artisan, or artist is employed, he warrants impliedly that he is possessed of sufficient skill to perform the task that he undertakes, even if the undertaking be without reward (h). Duty

to

account.

No

secret

profits.

chattel bailed.

his principal is



procedure, but did not assent to it (i). When the return of the chattel bailed constitutes part of the obligation of the mandatary, he is bound to restore not only the increments profits and earnings chattel itself, but also all immediately derived from it (k). If, however, the mandate be to put out money at interest, the specific coins delivered to the mandatary are not to be returned, but he is bound to return their equivalent in value and interest thereon (Z). The mandatary is also liable to account to the bailor for any secret profits which he may have received in respect of the conduct or management of the business which he has undertaken gratuitously to

Misuse of

A

mandatary who receives moneys or chattels on account bound to account for them (i) and if he deposits them in his own name, with other chattels of his own of a like nature, in the hands of a third party, he is liable to his principal for any loss or damage to them during the existence of such deposit, even if his principal was aware of his course of 1091.

of

perform (m)

.

1092. When a mandatary does some act to the chattel bailed unauthorised by the agreement made between himself and the (e)

(/)

See p. 631,

Beauchamp

Co. (1864), 3 H. 1 Hy. Bl. 159.

ante. v.

& C.

Powley (1831), 337, per

1

Mood.

Crompton, J.,

&

lil.

38

at p. 342





Beal

v.

South Devon Rail.

Shiellsv. Blachhurne (1789),

See Bourne v. Biggies [g] Shiells v. Blachhurne, supra, per Heath, J., at p. 162. (1814), 2 Chitt. 311 ; O'Hanlon v. Murray (1860), 12 Ir. C. L. R. 161 ; and Wilson V. Brett (1843), 11 M. & W. 113, where a skilled horseman riding gratuitously a horse to show it to a purchaser on behalf of the owner was held liable for it by riding it on improper ground. Harmer v. Cornelius (1858), 5 C. B.

injuring Qh)

(n. s.)

236



Shiells v.

Blackhurne,

supra.

Massey

v. Banner (1820), 4 Madd. 413. " Thus if animals are to be Pothier, Contrat de Mandat, ss. 58 60 restored, their young also belong to the bailor. ... If a vehicle has been delivered to be let for hire, the mandatary must account for the hire earned, as well as for the vehicle " (Story on Bailments, s. 194). {I) Pothier, Contrat de Mandat, s. 59. Compare the case of mutuum, p. 5^0, post. (m) See Kimber v. Barher (1872), 8 Ch. App. 56, and title Agency, p. 189, ante. (i)

(k)

.

—