BAILMENT vol 3(1) | Commentary

6.3 Operators

BAILMENT vol 3(1) | Commentary

6.3 Operators

Where chattels are temporarily supplied with operators or other guardians, the question whether there is a bailment depends on all the circumstances1. The fact that the operator remains an employee of the supplier2 is a significant, but not decisive, factor against a bailment of the chattel3. Nor is it decisive that the operator becomes a temporary employee of the hirer. Other material factors are the discretion given to the employee in working the chattel, the physical circumstances of the place of use, the identity of the parties responsible for collection, delivery and overnight

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