When classes end in June you decide to take an internship in

When classes end in June, you decide to take an internship in Australia. You decide to rent a storage unit for all your personal possessions at Money Save Mini Storage for 3 months.

a. Who is the bailor and who is the bailee?

b. What are the elements of a bailment?

c. What is the degree of care required of the bailee? Explain.

Solution

A) A bailor is a person who transfers possession goods or property to the bailee for custody and control but not the ownership. Bailment is the act of transferring the goods or property to the bailee and this is done under a contract. The bailee will return the property or goods and is responsible for keeping it safe as per the contract entered into with the bailor. The bailee need not be the owner of the property or good, he can also be a finder of lost goods.

Examples of bailment are valuables left with a bank, goods left with a storage facility, animals left in a kennel.

B) Elements of a bailment are:

Delivery: Actual possession or control should be delivered to the bailee.

Acceptance: The bailee should accept the possession or control either expressly or impliedly.

Consideration: The detriment suffered by the bailor in handing over the property is sufficient consideration for the bailment.

Contract: A contract is entered into by the bailor and bailee. The contract may be oral, written, express or implied.

Returnable: The bailee has to return or dispose off the goods after the period of bailment according to the contract entered into.

C) The bailor has to return the goods that have been bailed. The bailee has to exercise reasonable care. The bailee will be responsible for damages if he is negligent and fails to protect the property