Commentary

45 Definition of ‘involuntary bailment’

BAILMENT vol 3(1)
| Commentary

45 Definition of ‘involuntary bailment’

| Commentary

F: INVOLUNTARY BAILMENT AND BAILMENT BY CONCEALMENT

1: INVOLUNTARY BAILMENT

45 Definition of ‘involuntary bailment’

Involuntary bailment arises where a person is in possession of goods and aware of his possession but has given no consent to it1. On a strict analysis, such circumstances give rise to no bailment at all, because the essence of bailment is consent to the possession of another’s goods2. The phrase ‘involuntary bailment’ is used purely as one of convenience.

Most involuntary bailments arise where the possessor gives no original consent to possession, as where unsolicited goods are delivered to a

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