| Commentary

56 Abandonment

| Commentary

56 Abandonment

The bailee may argue that the bailor has abandoned his property in the goods. In that event, no further duty of care can be owed under a bailment, because the bailment has ceased; the bailor, having vacated property in the goods, is no longer a bailor1. To establish abandonment, it is necessary to show a positive intention to abandon, or at least positive conduct on the part of the bailor from which that intention can be unequivocally inferred2. The necessary intention will not, it seems, normally be inferred from passive delay alone3.

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