Commentary

6.4 Bailees as employees

BAILMENT vol 3(1)
| Commentary

6.4 Bailees as employees

| Commentary

6.4 Bailees as employees

Bailees are not treated as employees for the purposes of equating their conduct with that of the bailor. A bailor is not vicariously liable for the misconduct of his bailee towards third parties, and conversely a bailor’s damages against a third party are not to be reduced on account of the contributory negligence of the bailee1. The position may be otherwise where the case is one of agency by casual delegation, as where a car is being driven to a destination at the owner’s request2.

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