12.3 Modern significance

BAILMENT vol 3(1)
| Commentary

12.3 Modern significance

| Commentary

12.3 Modern significance

For the reasons stated at Paragraph 12.2 [2553] above, whether a bailment is gratuitous or for reward is of reduced significance. Practically the only areas where it is likely to remain an issue are:

  1. 12.3.1

        the ability of the bailee to bind himself by additional promises imposing a stricter liability than his normal common law responsibility1,

  2. 12.3.2

        the liability of the bailee for the theft, dishonesty or other deliberate wrongdoing of his employees2, and

  3. 12.3.3

        the ability of the bailor to demand the redelivery of the goods before expiry of the agreed period of the bailee’s possession3.


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