Commentary

12.1 The historical position

BAILMENT vol 3(1)
| Commentary

12.1 The historical position

| Commentary

B: GRATUITOUS BAILMENTS AND BAILMENTS FOR REWARD

12 The relevance of the distinction between gratuitous bailments and bailments for reward

12.1 The historical position

In former times, the distinction between gratuitous and rewarded bailments was important, largely because the location of benefit under a bailment was considered a material element in defining the bailee’s duty of care1. A bailee for reward (such as a paid custodian) was held to owe a duty of reasonable care, while an unpaid bailee (such as a depositary or a mandatary) was held liable only for gross negligence2. At the other

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