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Bailment

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary of Law

A delivery of goods or personal property, by one person to another, in trust for the execution of a special object upon or in relation to such goods, beneficial either to the bailor or bailee or both, and upon a contract, express or implied, to perform the trust and carry out such object, and thereupon either to redeliver the goods to the bailor or otherwise dispose ef the same in conformity with the purpose of the trust.

See Cade Ga, 1852, § 2058.

A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee.

2 Bl. Comm, 455.

Bailment, from the Freuch bailler, to deliver, is adelivery of goods for some purpose, upon a contract, express or implied, that, after the purpose has been fulfilled, they shall be redelivered to the bailor, or otherwise dealt with, according to his directions, or (as the case may be) kept tili he retlaims them. 2% Steph. Comm. £0, A delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly exccuted, and the gocds restored by the bailee as soon as the purposes of the bailment shall be answered.

2 Kent, Comm. 559.

Bailmeat is a delivery of a thing in trust for f£0Me special object cr purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

Story, Bailm. 3.

A delivery of goods in trust on a contract, either expressed or implied, that the trust shall be duly executed, and the goods redelivered as soon as the Bailment is a word of French origin, significant of the curtailed transfer, the delivery or mera handing over, which is appropriate to the transaction.

Schouler, Pers. Prop. 695.

The test of a bailment is that the identical thing is to be returned; if another thing of equal value is to be returned, the transaction is a salo.

6 Thomp. & C. 29; 3 Hun, 530.

Sir William Jones has divided bailments into five sorts, namely: Depositum, or deposit; mandatum, or commission without recompense; commedatum, or loan for use without pay; pignort acceptum, or pawn; loeaium, or hiring, which is always with reward. This last is subdivided into locatio vei, or hiring, by which the hirer gains a temporary use of the thing; locatio operis Faciendi, when something is to be done to the thing delivered; docatio operis mercium vehendarum, Wien the thing is mérely to be carried from one place to another. Jones, Bailin.

36.

Lord Holt divided bailments thus: (1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor. (2) Commodatwm. Where goods or chattels that are useful ure lent to the bailee gratis, to be used by him. (8) Locatio rei. Where goods are lent to the bailce to be used by him for hire. (4) Vadim. Pawn or pledge. (5) Loentio operis faciendi. Where goods are delivered to be carried, or something is to be done about them, for 2 reward to be paid to the bailee. (6) Mandatian. <A delivery of goods to somebody who is to carry them, or do something about them, gratis.

2 Ld. Raym. 909.

Another division, suggested by Bouvier, is as follows: First, those bailments which are for the benefit of the bailor, or of some person whom he represents; secon, those for the benefit of the bailee, or some person represented by him; third, those which are for the benefit of both parties.