Get Bailment Agreement - Bristol Management

No matter how a bailment arises, the bailee will incur some liability in the taking of a bailment.

There can be no bailment if the whole property is transferred. Delivery may be actual or constructive. Actual delivery may be made by handing over something to the bailee. Constructive or symbolic delivery may be made by doing something which has the effect of putting the goods in the possession of the intended bailee.

' The cases seem to be in in holding that if the bailor alleges the bailee's negligence as the cause of the loss, the burden of introducing evidence and the burden of persuasion of such negligence are on the bailor.

A bailment involves the contractual transfer of assets or property from a bailor, who temporarily relinquishes possession but not ownership, to a bailee.

Elements: Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. Actual possession of or control over property must be delivered to a bailee in order to create a bailment.

If the bailee makes any use of the goods bailed, which is not ing to the conditions of the bailment, he is liable to make compensation to the bailor for any damage arising to the goods from or during such use of them.

A bailee may attempt to limit liability as respects its negligence by limiting the dollar amount of its liability. Normally the restriction is on the value of the property (i.e., so much per piece or per pound).

There are three types of bailment: Deposit - which benefits both the bailor and the bailee. An example is dry cleaning. ... Gratuitous - which only benefits the bailor. The bailment examples of a gratuitous nature include coat check and valet. Loan for use - which only benefits the bailee.