Commentary

87 Wrongful detention and use

BAILMENT vol 3(1)
| Commentary

87 Wrongful detention and use

| Commentary

87 Wrongful detention and use

A bailee who wrongfully detains and uses1 a profit-earning chattel2 must pay the bailor a reasonable hiring charge3. This liability arises regardless of whether the bailor had a substitute at his disposal4 or would have used or hired out the chattel had he got possession5, or of whether any market for profitable hiring existed6, over the period of detention and use7. Authorities differ as to whether it is a liability in damages or restitution8.

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial