Bailment


Produced in partnership with Quentin Tannock of 4 Pump Court and Aphiwan Natasha King of 4 Pump Court
Practice notes

Bailment


Produced in partnership with Quentin Tannock of 4 Pump Court and Aphiwan Natasha King of 4 Pump Court

Practice notes
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This Practice Note provides an introduction to bailment, which is a large and complex topic.

This Practice Note provides a working definition of bailment and practical tips. It discusses modern commercial bailment, how bailment is created, the bailor and bailee and obligations arising between them. Bailment under contract is outlined, together with limitation of liability and incorporation of terms in bailment contracts. Bailments arising in hire purchase agreements, pawn and pledge arrangements, the hospitality industry and international transport are briefly discussed. Non-contractual bailment is introduced and issues with mistaken deliveries and uncollected goods are outlined. Bailment disputes, remedies and actions against third parties are introduced. Tips in relation to pleading bailment are provided.

Bailment defined

Bailments can arise in a very wide range of circumstances, making a precise definition of what constitutes bailment, and a comprehensive classification of types of bailment, difficult. Simplistically, possession (or custody) of goods is a form of interest in or rights over goods, which can be distinguished from the ownership of goods. A bailment arises

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Jurisdiction(s):
United Kingdom
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Key definition:
Bail definition
What does Bail mean?

Bail is the right to be released from custody before the case is concluded, or sentence is passed, assuming there is no risk of absconding or committing further offences while on bail or attempting to interfere with witnesses or otherwise pervert the course of justice.

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