Commentary

9.2 The statutory position

BAILMENT vol 3(1)
| Commentary

9.2 The statutory position

| Commentary

9.2 The statutory position

The common law position is overlaid by statute, which seeks to bring all interested parties before the court, and to distribute liability for misconduct towards bailed goods in a single proceeding. Under the statutory provisions, a defendant in an action for wrongful interference with goods1 is entitled to show, in accordance with rules of court2, that a third person has a better right than the claimant as respects all or any part of the interest claimed by the claimant, or in right of which the claimant sues3. Rules of court under this provision may require the

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