A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (the bailee) is responsible for the safekeeping and return of the property. Ownership or title to the property remains in the bailor.
West Virginia Bailment Contract Between Employer and Employee Regarding Use of Employer's Equipment in Order to Work at Home
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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.
Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration.
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 is the bailor. They both agreed upon some consideration, i.e., bailor uses the locker, and in turn, bailee charges the consideration for providing such services.
Essential features of bailmentDelivery of possession. There should be the delivery of possession from one person to another.Delivery should be done upon a contract.Delivery should have a purpose.Duty of reasonable care.Duty not to make unauthorised use.Duty to not to mix.Duty to return.Duty to return increase.
A bailment can be express (pursuant to agreement by the bailor and bailee) or implied (simply a result of the parties conduct). Example: To illustrate an express bailment, Alex gives his car to Brandi to sell. Brandi will receive a commission for selling the car. Until the car is sold, the situation is a bailment.
( ACT NO. IX OF 1872 ) 148. A "bailment" is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
There are three types of bailmentsthose that benefit both parties, those that benefit only the bailor, and those that only benefit the bailee. Although the burden depends on the type of bailment, the bailee must always treat the bailor's property with a reasonable amount of care.
Delivery of possession The actual possession or control over the property must be delivered by the bailor to the bailee in order to create the bailment. This is essential for bailment. If the possession is not given there is no bailment.
Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. Actual possession of or control over property must be delivered to a bailee in order to create a bailment.