GLOSSARY

Bailment definition

What does Bailment mean?

Bailment is the legal relationship whereby one person, the bailee, is voluntarily and knowingly in possession of goods belonging to another person, the bailor.

The legal relationship of bailment exists independently of any contract, and is created when the bailee voluntarily takes into custody goods that are the property of the bailor. The essential element common to all types of bailment is the duty of care and diligence for the safe keeping of the goods on the bailee which arises from his possession of the goods. Every bailee has the duty to take reasonable care of his bailor's goods, and not to convert them. To qualify as a bailment, the bailor must give up actual or constructive possession of specific chattel in question in favour of another person, the bailee, who may having actual or constructive possession of the chattel, may simply keep it or do certain things to it so as to return the same chattel in its original or changed form. For a large number of instances where the concept of bailment impinges on various areas of commercial law, see Halsbury's Laws of England, 4 (5th), 101; 7 (4th), 1; 49 (4th), 791; 41 (4th),1.

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Bailment is referenced 1 in Halsbury's Laws of England

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