| Commentary

6.1 Employees

| Commentary

6 Bailment under contracts of employment

6.1 Employees

Under old authority, which has not been directly disapproved, an employee who gets charge and control of the employer’s goods in the course of employment has no possession and is not a bailee, but has mere custody1. Recent authority suggests obiter that this rule is far more than an archaic relic and remains significant2. The employee owes a duty of care3 but does not, it seems, carry the bailee’s burden of proof4. The rule (which has little to commend it)5 gives way where the distance of the employee from the

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