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A bailment agreement is an agreement where one person agrees to take physical possession of another person's property for safekeeping or other purpose, but does not take ownership of it, with the understanding it will be returned at a later date.
Bailments may be created by contracts, either express or implied, which require agreement, and the agreement may also be express or implied. Contracts for the lease of a car, for sale of goods on consignment, and for the transport of goods are examples of bailments.
Primary tabs. A bailee is a person who receives property from the owner, known as a bailor, and holds the property for the owner for a particular purpose such as custody or repair.
The most common example is availing locker services from banks, i.e., banks are the bailee, and the person keeping his belongings in such lockers are bailor. They both agreed upon for some consideration, i.e., bailor uses the locker, and in turn, bailee charges the consideration for providing such services.
There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee. A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties.
Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel.
How To Write a Valid Bailment AgreementDetails of the parties entering the agreement, including names and full addresses.Purpose of the agreement.Date the agreement takes effect.Description of the bailed property.Property's value at the time of the agreement.More items...
Rights of Bailor and bailee under Bailment. Rights of Bailor. Rights of bailee.Duties of Bailor and Bailee. Duties of Bailor. Duties of Bailee.