The delivery of personal
property from one person (the bailor)
to another (the bailee) in
trust for some special purpose, as according to an express or implied contract.
Only the lawful possession of the property, and not ownership, is transferred.
The rights and duties of the parties as to the property depend on the purpose
of the bailment and the terms of the contract. See also lease
A bailment created by the actual or constructive delivery of
personal property to a bailee or his agents.
bailment for hire
A bailment in which the bailor merely takes possession of personal
property in exchange for compensation.
bailment for mutual benefit
A bailment in which the bailee, in exchange for
compensation, provides the bailor with some additional benefit as to the
bailor’s personal property, such as cleaning or repair work.
. A bailment in which, due to the particular circumstances, the
bailee has a legal obligation to return the personal property to its owner,
even if the owner is not the bailor or if the bailee did not voluntarily take
possession of the property.
A bailment in which the bailee accepts personal property
without expecting compensation. For example, a gratuitous bailment is created
when a bailee borrows the bailor’s property. In gratuitous bailments, the
bailee is liable to the bailor for the loss of or damage to the property only
if it was caused by the bailee’s gross negligence.
A bailment in which the bailor, without any negligence,
unavoidably or accidentally leaves personal property on the bailee’s person or
land. If the bailee refuses to return the property upon the bailor’s demand or
refuses to permit the bailor to remove the property, he can be liable for
conversion. See also property