BAILMENT

Sec.148
Definition : Sec.148

Bailment is the delivery of goods by

one person to another for some
purpose, upon a contract that they
shall, when the purpose is
accomplished, be returned or otherwise
disposed of according to the directions
of the person delivering them
Burden of Proof

If a bailor brings
suit against a bailee
because the bailed property was
damaged, lost, or stolen while in the
possession of the bailee, most courts
place the burden of proof on the bailee.
The reason is because the bailee is in
the best position to know what
happened to the bailed property.
Essential features of Bailment:

Delivery of goods
Reaves vs. Capper that a servant in
custody of certain goods by the nature
of his job is not a bailee. Similarly, a
servant holding his masters umbrella is
not a bailee but is a custodian.
1838 5 Bing NC 136
Contract
Itis necessary that the goods are
delivered to the bailee and returned to
the bailor when the purpose is
accomplished upon a contract. This
means there should a contract between
the two parties for such transaction of
delivery and subsequent return.
Exception : finder of goods
Return of goods in specie

Example: A tailor who receives a cloth

for stitching is the bailee in this case.
The tailor is supposed to return the
finished garment to the customer, the
bailor, once the garment has been
stitched.
Classification of Bailment

Bailment on the basis of benefits:

Bailment for the benefit of Bailor only
For example, your friend asks you to
look after her car while she is away for
a week, and you agree to keep her car
in your garage.
Bailment for the benefit of Bailee
only
For example, George offered his truck
to Trina, who was moving. Trina
accepted the offer and used Georges
truck to move. George received no
payment. Only Trina received the
benefit of the bailment
Bailment for the mutual benefit
of both Bailor & Bailee
For example, if you leave your car at a
garage to be repaired, you, the bailor,
receive the benefit of a repaired car.
The garage, the bailee, receives the
benefit of your payment.