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Aug 25, 2015 · A bailment is a form of contractual relationship, even if no contract has been signed. The person receiving the property (the “bailee”) has possession and control over the property for a specific period of time, during which he or she is responsible to take reasonable care of the property.
The relationship of bailment combines elements of both contract and tort. For example, if a sub-bailee carrier is aware when it enters into a contract of the existence of an owner who is not a party to the contract, it would owe a duty of care to such an owner.
The exact terms of a bailment may be set out in some detail in a contract as it is in a rental car agreement which expands on 4 basics: payment, limits on use, taking reasonable care, and returning the chattel. A full chapter on bailment appears in Canadian Law and Business Studies.
Aug 14, 2023 · A bailment is a legal arrangement where one of the parties temporarily transfers possession, but not ownership, of their personal property to another party for a specific purpose, pursuant to an agreement or understanding.
Jun 15, 2024 · Key Takeaways. A bailment involves the transfer of assets or property from a bailor, who temporarily relinquishes possession but not ownership, to a bailee. The bailee must intend to and actually...
A note discussing the requirements and main characteristics of bailment, and the duties (and rights) of a bailee and bailor. The note also considers how a bailee may deal with common problems, such as getting rid of uncollected goods.
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1 In order for a bailment to be found, legal ownership must be retained by the bailor, with only possession passing to the bailee: Lichti v Landmark Transport Inc, 2006. BCSC 344 [Lichti]. 2 Seaspan International Ltd v “Kostis Prois” (The), [1974] SCR 920 at para 10 [paragraph.
