Commentary

8 The requirement of redelivery

BAILMENT vol 3(1)
| Commentary

8 The requirement of redelivery

| Commentary

8 The requirement of redelivery

A bailment ordinarily requires that the goods remain identifiable as the property of the bailor throughout the period that they are in the other party’s possession1. No delivery which confers general property on the deliveree can give rise to a bailment, because it is of the essence of bailment that general property remains with the bailor2. An outright gift is not a bailment, and neither is an outright sale or exchange, or a transaction of mutuum3. It follows that a delivery of generic goods in return for the deliveree’s promise to supply the deliveror with

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