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Encyclopedia Britannica - Main :: BAI-BAR |
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BAILMENT (from Fr. bailler, to place in charge of, cf. BAIL) , in law, a delivery of goods from one person called the bailor, to another person called the bailee, for some purpose, upon a contract , express or implied, that after the purpose has been fulfilled they shall be redelivered to the bailor, or otherwise dealt with according to his direction, or kept till he reclaims them. The following is Chief
Bernard
ordinary negligence. Thus, where a customer had deposited some securities with his banker (who received nothing for his services) and they were stolen by a cashier, it was held that as there was no proof of gross negligence the banker was not liable (Giblin v. McMullen, 1868, L.R. 2 P.C. 317). (2) Commodatum, or loan , where goods or chattels that are useful are lent to the bailee gratis, to be used by him. The bailee may be justly considered as representing himself to the bailor to be a person of competent skill to take care of the thing lent (Wilson v. Brett, 1843, II M. & W. 113), and the transaction being a gratuitous loan , and one for the advantage of the bailee solely, he is bound to use great
diligence
horse was lent to the defendant to ride, it was held that it did not warrant him in allowing his servant to do so (Bringlee v. Morriee, 1676, r Mod. 21o). But where a hbrse was for sale and the vendor allowed the defendant to have the horse for the purpose of trying it, it was held that he had a right to allow a competent person upon the horse to try it (Camoys v. Scurr, 184o, 9 C. & P. 383): (3) Locatio rei, or lending for hire. In the case of hiring the bailee is bound to use such diligence
ordinary diligence in guarding the thing pledged. (5) Locatio operis faciendi, where goods are delivered to be carried, or some-thing is to be done about them for a reward to be paid to the bailee. In this case, the bailee is bound to use ordinary diligence in preserving the property entrusted to him. (6) Mandatum, a delivery of goods to somebody, who is to carry them, or do something about them gratis. The liabilities of a mandatory and of a depository are exactly the same ; neither is liable for anything short of gross negligence.See further under BANKS AND BANKING; CARRIER ; DILIGENCE; FACTOR; HIRING; INNS AND INNKEEPERS; LIEN; NEGLIGENCE; PLEDGE; PAWNBROKING; PRINCIPAL AND AGENT, &C.End of Article: BAILMENT (from Fr. bailler, to place in charge of, cf. BAIL) If you wish, you can link directly to this article.
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