Topic 7: Bailments

Question 1

How can Bailments be created?

Answer 1

Contractual, consensually, non-consensually, etc.

Question 2

What kind of remedies are available for bailments?

Answer 2

Damages or in rem (Meaning the actual item, i.e. specific performance)

Question 3

What items can be bailed?

Answer 3

1) Personal property (NOT houses, land, etc.)
2) Tangible
3) ‘Valuable paper’ is included (e.g. bonds and their rights)

Question 4

What case identifies the types of bailments that exist?

Answer 4

Coggs v Bernard

Question 5

What are the types of bailments?

Answer 5

1) Depositum
2) Commodatum
3) Locatio et Conductio
4) Vadium
5) Locatio operis Faciendi
6) Mandatum
7) Locatio Custodiae
8) Constructive

Question 6

In what cases will the liability for the bailee not be questioned?

Answer 6

1) Theft
2) Servants
3) Independent Contractors
4) Sub-Bailees

Question 7

Does the defence of jus tertii exist for bailments?

Answer 7

No; Biddle v Bond

Question 8

What are the two forms of trover in bailments?

Answer 8

1) Abuse of possession
2) Demand and refusal

Question 9

How can one be liable for abuse of possession?

Answer 9

1) Risk-taking behaviour in relation to bailed goods
2) Wrongful sale/disposal
3) Innocent receipt from rogue