Commentary

88 Unjust enrichment and restitution

BAILMENT vol 3(1)
| Commentary

88 Unjust enrichment and restitution

| Commentary

3: RESTITUTION

88 Unjust enrichment and restitution

A bailor who has been unjustly enriched at the expense of his bailee may be obliged, under general principles of the law of unjust enrichment, to disgorge or restore the relevant benefit. Modern law provides numerous instances of this doctrine in the context of bailments. Only two examples are noted here: the obligation of a bailor to indemnify a gratuitous bailee for the costs of safeguarding the goods against extraordinary hazards in compliance with the bailee’s duty of care1, and the obligation of a bailor to indemnify his bailee against customs duties, taxes or

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