Commentary

54 Bailment now involuntary

BAILMENT vol 3(1)
| Commentary

54 Bailment now involuntary

| Commentary

54 Bailment now involuntary

The bailee may argue that the bailment was for an agreed period, beyond which the bailee ceased to hold by consent and became only an involuntary bailee, owing no general duty of care. The agreement as to period may be express or implied, and the period itself may be fixed or determinable1. The argument succeeded in a case involving bulky goods of low value2, but may be difficult to apply to expensive portable items3. Alternatively, where the bailment was originally for reward the bailee might argue that he has become,

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