Commentary

75 Contract claims by bailor against bailee

BAILMENT vol 3(1)
| Commentary

75 Contract claims by bailor against bailee

| Commentary

75 Contract claims by bailor against bailee

Typical actions in contract by bailors against bailees are claims for loss of profit caused by the delay of goods in transit1 or their loss from or damage while in custody2 and actions to enforce promises to return the bailed goods in a particular condition, irrespective of any failure to exercise reasonable care3. Under a bailment by way of lease, the bailor may rely on a term stating that prompt payment of every instalment is of the essence of the contract to recover damages for the loss of bargain

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