| Commentary

44 Quasi-bailment

| Commentary

44 Quasi-bailment

Quasi-bailment arises where an intermediate party (the quasi-bailor) promises an owner of goods1 that services will be performed in relation to the goods, but delegates the task to a third party (the quasi-bailee) without getting possession personally2. If the intermediate party had either a right or a duty to take possession, he will owe duties similar to those of a bailee3 although (contrary to general bailment principle)4 he has no actual possession5. If the delegation is unauthorised, it appears that the quasi-bailor is strictly liable to the owner for ensuing loss or damage, in similar manner to a

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