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What is Bailment?

Bailment, in law, is the delivery of personal property by one person (the bailor) to another (the

bailee) for a particular purpose. The legal concept of bailment may include, under appropriate

circumstances, many different kinds of transactions, among them being deposit, storage, checking,

rental, pledge, lending, and acquisition by finding. The relationship described by the term may be

classified generally as contractual. Express agreements between the parties for the purpose of

including every phase of this relationship are not essential, since many of the rights and duties

arising from it are implied by law.

Bailment is characterized by a transfer of possession, as distinguished from a change in ownership.

Another factor generally recognized as being essential to a bailment is the return, or other use as

directed by the bailor, of the article bailed. Thus, sales and exchanges are, in most cases, readily

distinguishable from bailment; although in some instances differentiation is difficult, such asconditional sales arrangements and rentals with options to buy.

Bailments are divided into various classes, primarily for the purpose of determining the rights and

liabilities of the parties. There are three usual classifications: (1) bailments for the benefit of both

parties; (2) bailments for the sole benefit of the bailor; and (3) bailments for the sole benefit of the

bailee. In addition, there are numerous special types of bailment to which special rules apply, such

as those resulting from the delivery of property to banks, innkeepers, warehousemen, and common

carriers.

In a bailment for hire, which is typical of the bailment for mutual benefit (for example, an automobilerental), the law implies a warranty by the bailor that the bailed article is fit for its intended use. The

bailor, therefore, is liable for any injuries caused by its unfitness for use at the time of delivery.

Where the bailment is for the sole benefit of the bailee, however, the bailor is legally obliged only to

disclose to the bailee such defects in the article as are actually known to him.

The care that must be taken of the property by the bailee varies according to the type of bailment in

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some jurisdictions. In those states which recognize various degrees of care, the bailee for his own

sole benefit must exercise great care; for mutual benefit, ordinary care; and for the bailor's sole

benefit, only slight care. The normal liability of a bailee may be reduced or extended by special

contract. A bailment may be terminated by the agreement or conduct of the parties, destruction of

the subject matter, completion of the purpose of the bailment, lapse of time in accordance with the

term

Ccheck out whether CAR PARKED IN A MALL IS BAILMENT AND

OTHER EXAMPLES OF BAILMENT,,

LIKE CLOTHES GIVEN FOR IRONING///TAILORING ETC.