There is a choice of remedies in bailment as it is a transaction sui generis1 and a claim against a defaulting bailee may (according to circumstance) lie in contract, tort or bailment2. The measure of damages is that appropriate to the cause of action. A restitutionary claim, grounded on either the bailor's or the bailee's unjust enrichment at the expense of the other, may also be available3.
Negligence and conversion are the principal torts committed by a defaulting bailee4. Whenever they constitute the particular causes of action upon which the bailor sues, damages are awarded according to the specific rules governing those torts. In each case, damages are normally compensatory5, the object being to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234