102. Possession.

102.     Possession.

It is generally accepted that the possession by one person of a tangible chattel belonging to another person is essential in order for bailment to arise1. Being in possession of the goods of another, however, does not necessarily render someone a bailee; there must be a voluntary possession2. The question of possession may arise in several ways in relation to bailment.

First, there are numerous cases where the requirement of a transfer of possession is in issue. It has been suggested that to create bailment by way of hire3, possession of the hired chattel is not necessary where a person is supplied by the lessor to operate and maintain