Commentary

43 Substitutional bailments

BAILMENT vol 3(1)
| Commentary

43 Substitutional bailments

| Commentary

43 Substitutional bailments

Sub-bailments are to be distinguished from substitutional bailments, where a new bailee wholly supplants an existing one1. The incoming bailee becomes the direct bailee of the original bailor and owes him the normal duties of a bailee of the class in question2; while the outgoing bailee3 owes no further responsibility to the principal bailor for the goods4, and has no rights of action against the incoming bailee for any later loss of or damage to the goods5. An outgoing bailee who retains against the original bailor a mere contractual right to resume possession

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