Commentary

102.2 Late redelivery by bailee

BAILMENT vol 3(1)
| Commentary

102.2 Late redelivery by bailee

| Commentary

102.2 Late redelivery by bailee

A bailee who, in breach of the bailment, retains the bailed goods beyond the time appointed for their return commits a deviation from the bailment1. In general, a deviation conventionally produces three consequences at law:

  1. 102.2.1

        the bailee becomes strictly liable as an insurer for the safety of the goods;

  2. 102.2.2

        the bailor’s right of possession revives and the bailee ceases to have the right to possession; and

  3. 102.2.3

        clauses that purport to exclude or restrict the bailee’s liability cease to have effect2.

All these consequences can be varied by the

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