Chapter

Bailment

MA Clarke, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn and PG Turner

in Commercial Law

Fifth edition

Published on behalf of Oxford University Press

Published in print April 2017 | ISBN: 9780199692088
Published online September 2017 | e-ISBN: 9780191784835 | DOI: https://dx.doi.org/10.1093/he/9780199692088.003.0003
Bailment

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This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee's liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.

Keywords: bailment; commercial law; transfer of possession; ownership; consent; liability; burden of proof; third parties; sub-bailment

Chapter.  7522 words. 

Subjects: Commercial Law

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