BU231 Lecture 11: Bailments

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Bailments: a transfer of possession of personal property (chattel) without a transfer of ownership. Bailor: owner or transferor of the goods. Bailee: party accepting possession of the goods from the bailor: nature of bailment. Personal property (chattles only can include documents containing legal rights. Transfer of possession without transfer of title (ownership: benefit of bailment. Can benefit either party or both parties. Gratuitous bailment a bailment where one party provides no consideration or where there is no intention to create a legal relationship: rights and duties of bailee: Contractual terms can determine the liabilities of the bailee. All bailees have a duty of care the standard of care will depend on the nature of the bailment. While there are elements of both contract and tort law bailments are governed by their own rules: sub-bailments. A person who receives a bailment of property from a bailee. Example: postal or courier services used to transport bailed goods.

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