If a contract of mandate is contained in a written instrument which is expressed in ambiguous terms, and the bailee is in fact misled and adopts one interpretation when the bailor intended him to follow the other, then the bailor will be bound, and the bailee will be exonerated1.
In the case of impossible undertakings the bailee is not liable, unless the bailee when giving the undertaking can be treated as having undertaken to perform in any event. This conclusion is most likely to follow where the bailee knows of the impossibility of the task when undertaking to perform it,
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234