Commentary

9.1 The common law position

BAILMENT vol 3(1)
| Commentary

9.1 The common law position

| Commentary

9 Bailee’s right of action against third parties

9.1 The common law position

At common law, the bailee’s possession counts as title1. In the absence of the bailor, the bailee can recover from any third party who commits a wrong against the goods the full value of the goods or (in the event of damage) the full cost of repair. This right of recovery does not depend on the consent of the bailor or on the bailee’s being liable to the bailor for the misadventure2, and appears to extend to persons who have no actual possession but an immediate right to

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