Commentary

2 Delivery and contract or agreement inessential

BAILMENT vol 3(1)
| Commentary

2 Delivery and contract or agreement inessential

| Commentary

2 Delivery and contract or agreement inessential

Most bailments arise from a direct physical delivery by one party to another, and from a contract or other agreement. Neither of these elements is, however, essential1. A bailment can arise where a seller remains in possession of goods after property has passed to the buyer2, or where goods are taken into the possession of a finder3, or where goods are possessed by a sub-bailee4 or quasi-bailee5. A gratuitous bailment gives rise to no contract6 and yet creates a bailment.

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