Bailment 2025

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A bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of ing to the directions of the person delivering them. The person delivering the goods is called the bailor.
A rental or lease of personal property is a type of bailment. For example, a bailment is created when a parking garage attendant, the bailee, is given the keys to a motor vehicle by its owner, the bailor. The delivery of property for repair or safekeeping are also typical situations in which a bailment is created.
Gratuitous bailment is a type of bailment in which the bailee receives no compensation. For example, borrowing a friends car.
Bailment is an agreement that could be oral or written mutually agreed upon between the person giving possession and the person taking possession, which might involve consideration.
Mutual benefit bailment The most common type of bailment, where both the bailee and the bailor benefit. Examples of mutual benefit bailments include renting a car or paying for storage of property. Each party receives a contract benefit from the bailment.
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Broadly, the transfer of possession (and not ownership) of goods by the owner (the bailor) to another person (the bailee) so that they might be used for a specified purpose on condition that they are returned to, or in ance with the instructions of, the bailor, or kept until they reclaim them. Bailment - Practical Law thomsonreuters.com thomsonreuters.com
Elements: Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. Actual possession of or control over property must be delivered to a bailee in order to create a bailment.

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