Definition of Bailment
Bailment is a legal relationship in which one person (the bailor) delivers personal property to another person (the bailee) for a specific purpose, with the understanding that the property will be returned or disposed of in a certain way once the purpose has been fulfilled. The bailee has temporary possession and control of the property, but does not acquire ownership rights.
Scope of Bailment
The scope of bailment is quite broad and can cover a wide range of situations, including lending personal property to a friend, storing goods in a warehouse, or leaving a vehicle with a mechanic for repairs.
The bailee owes certain duties to the bailor, including the duty to take reasonable care of the property, to use the property only for the purpose for which it was bailed, and to return the property to the bailor or dispose of it in the manner specified in the bailment agreement.
The bailor has a duty to compensate the bailee for their services and to indemnify the bailee for any losses or liabilities incurred while in possession of the property.
Some Examples of the Scope of Bailment
- Lending personal property: A person may lend their personal property, such as a piece of jewelry or a book, to a friend or family member for a specific period of time. The friend or family member becomes the bailee and has temporary possession and control over the property.
- Storage: A person may store their personal property, such as furniture or clothing, in a warehouse or storage facility for safekeeping. The warehouse owner becomes the bailee and is responsible for safeguarding the property until it is returned to the bailor.
- Repair services: A person may leave their vehicle with a mechanic for repairs. The mechanic becomes the bailee and has temporary possession and control over the vehicle until the repairs are completed and the vehicle is returned to the bailor.