There are several essential features of bailment that are necessary for the legal relationship to exist:
- Delivery of possession: The bailor must deliver possession of personal property to the bailee. The bailee must have actual or constructive possession of the property.
- Temporary possession: The bailee must have temporary possession of the property. This means that the bailee has possession and control over the property for a specific purpose or period of time, but does not acquire ownership rights.
- Purpose: The bailment must be for a specific purpose, such as storing goods, providing transportation services, or repairing property.
- Return or disposal: The property must be returned to the bailor or disposed of in a specified manner once the purpose of the bailment has been fulfilled.
- Duty of care: The bailee owes a duty of care to the bailor to take reasonable care of the property while it is in their possession. This includes protecting the property from damage, theft, or loss, and using the property only for the purpose for which it was bailed.
- Compensation: The bailor may be required to compensate the bailee for their services, and the bailee may be entitled to a lien on the property for any unpaid charges.
