A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (the bailee) is responsible for the safekeeping and return of the property. Ownership or title to the property remains in the bailor.
New Hampshire Bailment Contract Between Employer and Employee Regarding Use of Employer's Equipment in Order to Work at Home
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FAQ
There must be a contract between the bailor and the bailee for such transfer or good and its return. If there is no contract, there cannot be bailment. Moreover, the contract can either be expressed or implied.
There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee.
A requisite to the creation of a bailment is the express or implied acceptance of possession of or control over the property by the bailee. A person cannot unwittingly become a bailee. Because a bailment is a contract, knowledge and acceptance of its terms are essential to its enforcement.
The most common example is availing locker services from banks, i.e., banks are the bailee, and the person keeping his belongings in such lockers are bailor. They both agreed upon for some consideration, i.e., bailor uses the locker, and in turn, bailee charges the consideration for providing such services.
What is the most significant aspect of a bailment contract? It limits the liability that common law rules of bailment create.
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.
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.
There are three types of bailmentsthose that benefit both parties, those that benefit only the bailor, and those that only benefit the bailee. Although the burden depends on the type of bailment, the bailee must always treat the bailor's property with a reasonable amount of care.
Bailment mainly referred to as the Transfer of the Personal property to a person for the complete safekeeping purpose only. Normally, the Contract of bailment is a contractual relationship for a specific period of time. The person receiving property would have the possession as well as control on the property.