Commentary

83 Special principles—deviation

BAILMENT vol 3(1)
BAILMENT vol 3(1) | Commentary

83 Special principles—deviation

BAILMENT vol 3(1) | Commentary

83 Special principles—deviation

Special rules apply, and general principles of damages fall to be modified, where the obligation of the bailee is not replicated in contract or in tort. For example, a bailee who deviates from a contract of bailment is strictly liable as an insurer for all ensuing losses1. Normal questions of remoteness of loss do not affect the damages, which are calculated purely according to the value of the goods2. A similar strict liability arises where the deviating bailee acts without reward and the bailment is non-contractual3 and, here again, it seems

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