GLOSSARY

Claim in bailment definition

What does Claim in bailment mean?

A party may have a claim in bailment whenever he has a superior right to the possession of goods which are in the possession of another.

For a claim of bailment, the bailor of goods need not be the general owner so long as he has a right of possession superior to that of the current possessor. The bailor needs to show that he has title to the goods, or a right to their possession against the current possessor. This will be sufficient for the claim of bailment despite the fact that the party entitled to possess did not have possession of the goods before their delivery to the bailee. Similarly, where a carrier delegates performance of the contract of carriage to a sub-carrier while retaining a right to possession of the goods against the sub-carrier, the sub-carrier is a sub-bailee and is stopped under common law from denying the first carrier's title. The first carrier may recover damages from the sub-carrier for breach of the sub-bailment even if the first carrier's personal loss is nominal. In general circumstances, and subject to the terms of the particular contract, the bailment to a carrier may be a bailment at will.


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Claim in bailment is referenced 4 in Halsbury's Laws of England

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