JSB171 Lecture 1: Bailment

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The arrangement that x has with y may in fact be a bailment, which will give rise to certain rights and duties under the agreement or at common law (matthew short). A bailment arises upon delivery of goods by the bailor to the bailee upon a promise, express or implied, that they will be redelivered to the bailor or some other person (hobbs v petersham. Actual or constructive delivery (element 1: this is a question of fact (ashby v tolhurst, actual delivery = manual delivery or actual handing over. Bank of nz: luggage left in back seat of taxi = no bailment (hancock v cunnain) c. If car parked, for a fee and keys to car given to attendant = bailment (shorters parking v johnson: but if keys are retained by the car"s owner, even if fee paid, no bailment (ashby v tolhurst) d.

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