Bailment

contracts. This word is derived from the French, bailler, todeliver.

2 Bl. Com. 451. Jones’s Bailm. 90. Story on Bailm. c.1,§2.

It isa compendious expression to signify a contract resulting from delivery. It has been defined to be a delivery of goods, ona condition express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purpose for which they are bailed, shall be answered.

Jones’s Bailm. 1.

Or it is a delivery of goods in trust, ona contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon,as the time or use for which they were bailed, shall have elapsed or be performed.

Jones’s Bailm. 117.

Each of these definitions, says Judge Story, seems redundant and inaccurate, if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases no use is contemplated by the bailee; in others, it is of the essence of the contract; in some cases time is material to terminate right. Story on Bailm. e.

1, § 2.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon a contract either express or implied, that the trust shall be faithfully executed on the part of the bailee.

2 Bl. Com. 451.

And in another place, as a delivery of goods to another person for a particular use.

2 Bl. Com. 395. Vide Kent’s Comm. Lect. 40, 487.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose the trust. Story on Bailm. c.

1,. 2.

Bailments are divisible into three kinds; 1, Those in which the trust is for the benefit of the bailor, as deposits and mandates.

2.

Those in which the trust is for the benefit of the bailee, as gratuitous loans for use.

3.

Those in which the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire. See Deposit, Hire, Loans, Mandates and Pledges. Sir William Jones has divided bailments into five sorts, namely, 1, Depositum, or deposit; 2, Mandatum, or commission without recompense; 3, Commodatum, or loan for use, without pay; 4, Pignori acceptum, or pawn; 5, Locatum, or hiring, which is always with reward. This last is subdivided into, 1, Locatio rei, or hiring, by which the hirer gains a temporary use of the thing; 2. Locatio operis faciendi, when something is to be done to the thing delivered; 3, Locatio operis mercium vehendarum, when the thing is merely to be carried from one place to another. See these several words. As to the obligations and duties of bailees in general, see Diligence, and Story on Bailm. c.

1; Chit. on Rep. 487; 10 Johns. R. 1, 471; 12 Johns. R. 144, 232; 11 Johns. R. 107; 15 Johns. R. 39; 2 John. C. R. 100; 2 Caines’s Cas. 189; 19 Johns. R. 44; 14 John. R. 175; 2 Halst. 108; 2 South. 738; 2 Harr. & M‘Hen.

453; 1 Rand. 3; 2 Hawks, 145; 1 Murphy, 417; 1 Hayw. 14; 1 Rep. Con. Ct. 121, 186; 2 Rep. Con. Ct. 239; 1 Bay, 101; 2 Nott & M‘Cord, 88, 489; 1 Browne, 43, 176; 2 Binn. 72; 4 Binn. 127; 5 Binn. 457; 6 Binn. 129; 6 Serg. & Rawle, 439; 8 Serg. & Rawle, 500, 533; 14 Serg. & R. 275.