BAILMENT
bailment. 1. A delivery of personal property by one person (the bailor) to another (the bailee) who holds the property for a certain purpose under an express or implied-in-fact contract. • Unlike a sale or gift of personal property, a bailment involves a change in possession but not in title. Cf. PAWN. [Cases: Bailment 1. C.J.S. Bailments §§ 2–13, 15, 19, 22–24, 31.]
“The customary definition of a bailment considers the transaction as arising out of contract. Thus Justice Story defines a bailment as ‘a delivery of a thing in trust for some special object or purpose, and upon a contract express or implied, to conform to the object or purpose of the trust’ [Joseph Story, Bailments 5 (9th ed. 1878)]. There has, however, been a vigorous dissent to this insistence on the contractual element in bailments. Professor Williston … defines bailments broadly ‘as the rightful possession of goods by one who is not the owner’ [4 Samuel Williston, Law of Contracts 2888 (rev. ed. 1936)]…. It is obvious that the restricted definition of a bailment as a delivery of goods on a contract cannot stand the test of the actual cases. The broader definition of Professor Williston is preferable.” Ray Andrews Brown, The Law of Personal Property § 73, at 252, 254 (2d ed. 1955).
“Although a bailment is ordinarily created by the agreement of the parties, resulting in a consensual delivery and acceptance of the property, such a relationship may also result from the actions and conduct of the parties in dealing with the property in question. A bailment relationship can be implied by law whenever the personal property of one person is acquired by another and held under circumstances in which principles of justice require the recipient to keep the property safely and return it to the owner.” 8A Am. Jur. 2d Bailment§ 1 (1997).
actual bailment.A bailment that arises from an actual or constructive delivery of property to
the bailee.
bailment for hire.A bailment for which the bailee is compensated, as when one leaves a car
with a parking attendant. — Also termed lucrative bailment.
bailment for mutual benefit.A bailment for which the bailee is compensated and from which the bailor receives some additional benefit, as when one leaves a car with a parking attendant who will also wash the car while it is parked.
bailment for sale.A bailment in which the bailee agrees to sell the goods on behalf of the
bailor; a consignment.
bailment for sole benefit of bailor.See gratuitous bailment.
constructive bailment.A bailment that arises when the law imposes an obligation on a possessor of personal property to return the property to its rightful owner, as with an involuntary bailment.
gratuitous bailment.A bailment for which the bailee receives no compensation, as when one borrows a friend’s car. • A gratuitous bailee is liable for loss of the property only if the loss is caused by the bailee’s gross negligence. — Also termed naked bailment; depositum; naked deposit; gratuitous deposit; deposit; bailment for sole benefit of bailor.
involuntary bailment.A bailment that arises when a person accidentally, but without any negligence, leaves personal property in another’s possession. • An involuntary bailee who refuses to return the property to the owner can be liable for conversion. — Also termed involuntary deposit. See abandoned property, lost property, mislaid property under PROPERTY.
lucrative bailment.See bailment for hire. naked bailment.See gratuitous bailment.
- The personal property delivered by the bailor to the bailee. [Cases: Bailment 4. C.J.S. Bailments § 20.] 3. The contract or legal relation resulting from such a delivery. [Cases: Bailment
- C.J.S. Bailments §§ 2–13, 15, 19, 22–24, 31.] 4. The act of posting bail for a criminal defendant.
- The documentation for the posting of bail for a criminal defendant.[Blacks Law 8th]