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(p. 92) 3. Bailment 

(p. 92) 3. Bailment
Chapter:
(p. 92) 3. Bailment
Author(s):

MA Clarke

, RJA Hooley

, RJC Munday

, LS Sealy

, AM Tettenborn

, and PG Turner

DOI:
10.1093/he/9780199692088.003.0003
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date: 14 November 2018

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.

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