Bailment describes a legal relationship in
common law where physical possession of
personal property, or a chattel, is transferred
from one person (the 'bailor') to another
person (the 'bailee') who subsequently has
possession of the property. It arises when a
person gives property to someone else for
safekeeping, and is a cause of action
independent of contract or tort.
General
Bailment is distinguished from a contract of
sale or a gift of property, as it only involves
the transfer of possession and not its
ownership . To create a bailment, the bailee
must both intend to possess, and actually
physically possess, the bailable chattel.
Bailment is a typical common law concept
although similar concepts exists in civil law
(Spain- Depósito).
In addition, unlike a lease or rental, where
ownership remains with the lessor but the
lessee is allowed to use the property, the
bailee is generally not entitled to the use of
the property while it is in his possession.
A common example of bailment is leaving your
car with a valet . Leaving your car in a parking
garage is typically a license , as the car park's
intent to possess your car cannot be shown.
However, it arises in many other situations,
including terminated leases of property,
warehousing (including store-it-yourself) or in
carriage of goods.
SUFHAA is a Coaching and Guidance Institute for Business students and Competitive Exams Aspirants. Our mission is to infuse a sense of competition among the students and prepare them to face various exam components like Quantitative Aptitude, English Comprehension and Reasoning & Logical Ability.
Thursday, 11 July 2013
Bailment
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment