Commentary

63 Bailment by concealment

BAILMENT vol 3(1)
| Commentary

63 Bailment by concealment

| Commentary

3: BAILMENT BY CONCEALMENT

63 Bailment by concealment

A possessor of goods who is:

  1. 63.1

        unaware of his possession of them; or

  2. 63.2

        aware of his possession, but unaware that the goods do not belong to him,

owes no general duty of care for their safekeeping1. He is not a bailee because he has not consented to possession as bailee2. If, however, the possessor in the second case seeks to damage or destroy the goods, he must before doing so take reasonable care to establish that he is the owner of them3.

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