BU231 Chapter Notes - Chapter 17: Public Auction, Pawnbroker, Lightning
Document Summary
Bailment: definition, bailment is a transfer of possession of personal property without a transfer of ownership, transferor / owner of property is the bailor, party that receives custody is the bailee, non-contractual bailments, essential elements of bailment are: Change in possession without change in ownership. Rights and duties of a bailee: liability under contract and tort, in contract often the terms (express or implied) outline the duties and liabilities of the bailee. Exemption clauses written into contracts for liability of bailees are construed very strictly by the court. Also applies to gratuitous bailments: law of bailment places the burden on bailee of showing they were not negligent, must offer a reasonable alternative explanation (reverse onus) You send your car in for repairs and it gets blown up there, you need only establish the condition of the car when you dropped it off, and the condition it was in when you received it.
