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BAILMENT

Bailment is the delivery of property from one person to another for a specific purpose, requiring a contract that ensures the property is returned or accounted for. It involves two parties: the bailor, who gives the property, and the bailee, who receives it. There are various types of bailment, including gratuitous bailments for the benefit of one party and mutual-benefit bailments for business transactions, as well as bailments for hire that involve compensation for services or use of the goods.

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13 views2 pages

BAILMENT

Bailment is the delivery of property from one person to another for a specific purpose, requiring a contract that ensures the property is returned or accounted for. It involves two parties: the bailor, who gives the property, and the bailee, who receives it. There are various types of bailment, including gratuitous bailments for the benefit of one party and mutual-benefit bailments for business transactions, as well as bailments for hire that involve compensation for services or use of the goods.

Uploaded by

Julius Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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BAILMENT

> Delivery of property of one person to another in trust for a specific purpose, with a contract, express or
implied, that the trust shall be faithfully executed and the property returned or duly accounted for
when the special purpose is accomplished or kept until the bailor reclaims it

CREATION OF BAILMENT
> Generally, a bailment may be said to be a contractual relation
> To be legally enforceable, it must contain the essential elements of a valid contract
> It may also be created by operation of law

PARTIES TO A BAILMENT
1. Bailor—the giver; the party who delivers the possession or custody of the thing bailed
2. Bailee—the recipient; the party who receives the possession and custody of the thing thus
delivered

KINDS OF CONTRACTUAL BAILMENT


1. For the sole benefit of the bailor
a. Under this first kind belongs the gratuitous deposit and the mandatum
b. Mandatum—bailment of the goods without recompense where the mandatory or person to
whom the property is delivered undertakes to do some act with respect to the same; as simply to
carry it, or keep it, or otherwise to do something with respect to it gratuitously

2. For the sole benefit of the bailee


a. Commodatum and the simple loan or mutuum

3. For the benefit of both parties


a. Deposit for a compensation, involuntary deposit, pledge, bailments for hire

> The first two kinds are GRATUITOUS BAILMENTS—there is really no consideration for they are
considered more as a favor by one party to the party benefited
> The third kind usually results from bailments involving business transactions—MUTUAL-BENEFIT
BAILMENTS

KINDS OF BAILMENT FOR HIRE


> Bailment for hire arises when goods are left with the bailee for some use or service by him and is
always for some compensation.

1. Hire of things (locatio rei)—where goods are delivered for the temporary use of the hirer
2. Hire of service (locatio operis faciendi)—where goods are delivered for some work or labor upon it
by the bailee
3. Hire for carriage of goods (locatio operis mercium vehemdarum)—where goods are
delivered either to a common carrier or to a private person for the person of being carried from
place to place
4. Hire of custody (locatio custodae)—where goods are delivered for storage

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