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Tomatoes given on consignment go bad while in storage with the consignee. The consignor cannot recover the loss from the consignee if:
AThere was no written contract
BThe consignee was the only contact
CThe consignee acted as a man of ordinary prudence
DTomatoes were perishable
Answer & Solution
Correct answer: C. The consignee acted as a man of ordinary prudence
1. Bailee's duty under Section 151 is the standard of ordinary prudence.
2. If the bailee was not negligent, residual risk lies with the bailor.
3. Hence (A).
_Source: ICAI BoS CA Inter Paper 2 — Indian Contract Act 1872_