Commentary

5 Bailments and licences

BAILMENT vol 3(1)
| Commentary

5 Bailments and licences

| Commentary

5 Bailments and licences

The requirement of possession means that bailments must be distinguished from licences1. The problem commonly arises with regard to car parks2, restaurant cloakroom facilities3 and other situations4 where objects are left on land or premises with the occupier’s consent.

Where an occupier of land permits another to leave goods on the land in circumstances which do not transfer to the occupier the possession of the goods, the relationship is merely one of licensor and licensee. The occupier owes no general duty to guard the goods against theft5 and cannot sue third parties for wrongs committed upon the

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