While serving as a judge of the high court at Calcutta, he became a student of ancient India and founded the Asiatic Society of Bengal.
Liability[ edit ] No matter how a bailment arises, the bailee will incur liability in the taking of a bailment in some cases insuring the goods. Different jurisdictions maintain different standards of care. Strict liability[ edit ] The old common law held a bailee strictly liable for the bailment.
The exception to this rule was the case of involuntary bailments see belowwhen the bailee is only held to a standard of due care. Tiered system[ edit ] In many jurisdictions the system of strict liability has been replaced by a tiered system of liability that depends on the relationship of the bailee to the bailor.
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The bailee is generally expected to take reasonable precautions to safeguard the property, although this standard sometimes varies depending upon who benefits from the bailment. If both bailor and bailee are found to benefit from the relationship, such as sending a package, then the bailee is held to a standard of ordinary, or reasonable, care.
If the bailee primarily benefits, such as if you borrow your neighbor's rake to clean your lawn, the bailee must exercise highest care, i. Involuntary bailees[ edit ] An exception to all the above is the case of an involuntary bailee, one who by not intentional acts is made a bailee.
For example, if one is given a stock certificate but it turns out to be the wrong certificate intended for someone elsehe is an unintentional bailee, he has made no intentional act to become a bailee.
He is therefore entitled to divest himself of the certificate regardless of a duty of care, so long as he does no malicious or intentional harm to another. Damages[ edit ] Plaintiffs will be able to sue for damages based on the duty of care. Often this will be normal tort damages.
Plaintiff may elect also to sue for conversioneither in the replevin or troveralthough these are generally considered older, common law damages.
Terms[ edit ] Bailment can arise in a number of situations, and is often described by the type of relationship that gave rise to the bailment. Several common distinctions are: In a voluntary bailment, the bailee agrees to accept responsibility for possession of the goods.
In an involuntary bailment, the bailee has possession of the goods without intent to do so. A common situation that creates voluntary bailment is when a person leaves goods with someone for service e. The bailee must hold the goods safe for the bailor to reclaim within a reasonable time.
If a person agrees to accept a fee or other good consideration for holding possession of goods, they are generally held to a higher standard of care than a person who is doing so without being paid or receives no benefit.
Consider a paid coat-check counter versus a free coat-hook by the front door, and the respective obligations of the bailee. Some establishments even post signs to the effect that "no bailment" is created by leaving your personal possessions in their care, but local laws may prevent unfair enforcement of such terms especially attended car parks.
A bailor who leaves property for a fixed term may be deemed to have abandoned the property if it is not removed at the end of the term, or it may convert to an involuntary bailment for a reasonable time e.
However, if there is no clear term of bailment agreed upon, the goods cannot be considered abandoned unless the bailee is given notice that the bailor wishes to give up possession of the goods. Frequently, in the case of storage of goods, the bailee also acquires a contractual or statutory right to dispose of the goods to satisfy overdue rent; a lawful conversion of bailed goods.An essay on the law of bailments.
London: Printed by J. Nichols, for Charles Dilly. MLA Citation. Jones, William.
An essay on the law of bailments. / by William Jones Printed by J. Nichols, for Charles Dilly London Australian/Harvard Citation. Jones, William. Introduction to Bailment Law. Learning Objectives. Understand what a bailment is, and why the law of bailment is important.
The law of bailments addresses the critical links in the movement of goods from the manufacturer to the end user in a consumer society: to the storage and transportation of goods. Bailments only apply to personal.
Sabrina McCubbin graduated cum laude from Georgetown University Law Center, where she was the student editor-in-chief of the Journal of National Security Law and Policy. Legal Underpinning of Law Essay the law of governing contracts, sales, commercial paper, agency and employment law, business organizations, property, and bailments.
Other popular areas include insurance, wills and estate planning, and consumer and creditor protection. Business law may include issues such as starting. Open Document. Below is an essay on "Bailments" from Anti Essays, your source for research papers, essays, and term paper examples.
Question Discuss the 3 types of bailments and identify the legal ramifications regarding possession or acquisition and treatment of the bailment. Discuss the 3 types of bailments and identify the legal ramifications regarding possession or acquisition and treatment of the bailment.
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