Commentary

14 Introduction to gratuitous bailment

BAILMENT vol 3(1)
| Commentary

14 Introduction to gratuitous bailment

| Commentary

C: GRATUITOUS BAILMENT

1: GRATUITOUS BAILMENT—GENERAL

14 Introduction to gratuitous bailment

There are three types of gratuitous bailment: depositum1, or gratuitous custody; mandatum, or gratuitous work and labour; and commodatum, or gratuitous loan. In each case, only one party derives a benefit from the transaction. In the first two cases the sole benefiting party is the bailor, while in the third case the sole benefiting party is the bailee.

Earlier decisions treat gratuitous bailments as contracts2. This analysis is now outmoded, and modern courts seem likely to accept the view that gratuitous bailment has nothing to do with contract3. It follows, for example,

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