Commentary

40 Definition of sub-bailment

BAILMENT vol 3(1)
| Commentary

40 Definition of sub-bailment

| Commentary

E: SUB-BAILMENT AND SIMILAR RELATIONSHIPS

40 Definition of sub-bailment

A sub-bailment of goods arises where a person who is not their owner, but who has a present right to possession of them as a bailee of the owner, allows possession of them to be taken by a third party1. A sub-bailment therefore arises where A bails to B who bails to C while retaining a right of possession against C. The bailment becomes tripartite and the third party, C, becomes a sub-bailee.

The normal consequence of sub-bailment is that the sub-bailee owes duties both to the head bailor

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