Commentary

62 Recovery of expenses

BAILMENT vol 3(1)
| Commentary

62 Recovery of expenses

| Commentary

(c) Recovery of expenses

62 Recovery of expenses

There seems to be no general authority entitling the bailee of uncollected goods to recover from the bailor compensation for costs incurred or losses sustained in consequence of his extended custody1. In particular cases, a right of recovery might be justified by way of an implied term in the original bailment, or as damages for the bailor’s breach in failing to collect the goods2. Such a right might also be more generally supportable on normal principles of the law of unjust enrichment3.

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