Bailment


Produced in partnership with Quentin Tannock of 4 Pump Court
Practice notes

Bailment


Produced in partnership with Quentin Tannock 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 when a ‘bailee’ takes voluntarily possession of

Quentin Tannock
Quentin Tannock

4 Pump Court

Quentin Tannock has a commercial practice with a strong focus on advocacy. Quentin acts and advises on a broad spectrum of disputes across a range of industry sectors, for example, including insurance, financial services and professional negligence. While his practice has a focus on high value disputes, Quentin's clients range in size from the Fortune 100 through to SMEs. Quentin's background is in law and business, including commercial arbitration, venture capital investments and the provision of IP related strategy and policy advice to multinational corporations and international organisations. He was a Visiting Fellow at the Lauterpacht Centre in the Faculty of Law at the University of Cambridge and gave a series of lectures on IP and business to science master’s students at the University of Cambridge.

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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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