Commentary

11 The bailee’s estoppel—pleading jus tertii

BAILMENT vol 3(1)
| Commentary

11 The bailee’s estoppel—pleading jus tertii

| Commentary

11 The bailee’s estoppel—pleading jus tertii

At common law, the bailee is estopped from denying the bailor’s title1, unless he defends the bailor’s action with the authority of the true owner2 or is evicted from the goods by a person having title paramount3. The latter does not require forcible eviction4, but merely a lawful demand against which the bailee has no defence5. It is uncertain whether the bailee can avoid the estoppel by simply returning the goods to a third party owner who has not demanded them6.

The bailee takes the risk that the third party is not the owner and,

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