Commentary

18 Superadded promises

BAILMENT vol 3(1)
| Commentary

18 Superadded promises

| Commentary

18 Superadded promises

The absence of consideration moving from the depositor under a gratuitous bailment by way of deposit suggests that additional promises by the bailee, committing him to the performance of acts or the enlargement of liability beyond that ordinarily imposed at common law, are unenforceable. In fact, there are decisions favouring the enforcement of such promises, which may be ascribed to the legally distinctive nature of the bailment relation. For example, a depositary might be answerable for breach of a promise to deliver the goods to a particular person1 or at a particular time2, or

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