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The bailee has several key duties in a bailment contract, primarily focused on taking proper care of the bailed property. This includes safeguarding it against damage, loss, or tampering, and ensuring it is returned to the bailor in the original condition at the end of the bailment period. A California Bailment Agreement with Bailee to Maintain and Care for Property clearly outlines these duties to prevent confusion. By recognizing and following these obligations, the bailee can effectively manage liability and uphold trust within the agreement.
The duty of the bailee is to return the goods without demand on the accomplishment of the purpose or the expiration of the time period. In case of his failure to do so, he shall be liable for the loss, destruction, deterioration, damages or destruction of goods even without negligence.
The basic rule is that the bailee is expected to return to its owner the bailed goods when the bailee's time for possession of them is over, and he is presumed liable if the goods are not returned.
In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. A bailee who fails to do so may be held liable for any damages incurred from his or her NEGLIGENCE.
The bailee is liable for any damages arising from their own negligence or the negligence of others who gain access to the item, for example, the item is stolen by an unknown third party while in the borrower's possession, or someone else uses the borrowed car while in the borrower's possession.
Duties of BaileeDuty to take care of the goods.Duty to return goods: After the accomplishment of purpose, it is the duty of the bailee to return the goods to the bailor.To make proper use of goods bailed: The use of the goods which are mentioned under the contract, the use must be according to the contract.More items...
The bailee has a duty to take reasonable care of the goods and return them in accordance with the terms of any express or implied contract of bailment.
The bailee is not liable if the delay in delivering the goods or disposal of goods is due to default of others. Unexplained failure to return the thing bailed is presumed to be by the bailee's default;12And it would be presumed as his negligence.
It is well established now that Bailee will be liable for any loss or damage to the bailor which arises due to the negligence or lack of reasonable care of the goods bailed.