Commentary

49 Recovery of costs

BAILMENT vol 3(1)
| Commentary

49 Recovery of costs

| Commentary

49 Recovery of costs

It is uncertain whether the involuntary bailee can recover from the owner the costs of keeping the goods, or disposing of them, or removing them to a place of safety. The policy argument in favour of such recovery appears strong, and is perhaps reinforced by modern restitution theory: if the possessor is not reimbursed, the owner may be unjustly enriched1. While older authority suggests a right of recovery in the involuntary bailee2, more recent authority disapproves it3. Occasional statements denying such right to a finder4 may well dictate

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial