In English law, bailment refers to the temporary transfer of possession (but not ownership) of personal property from one party (the bailor) to another (the bailee), usually for a specific purpose or duration.
Bailment involves transferring custody or possession without transferring title. The bailee has a duty to care for and return the property. Liability varies depending on the terms and circumstances of the bailment arrangement.
Understanding bailment clarifies legal duties for property possession, helps manage risks in commercial or personal transactions, and highlights responsibilities to safeguard entrusted items.
September 1, 2025
A newsagent was injured when the saddle of a hired bicycle, supplied as a replacement under a hire agreement, tilted forward causing him to fall. The Court of Appeal held that an exemption clause protecting against contractual liability did not extend to liability for negligence, establishing important principles on construing...
September 1, 2025
Warehousemen stored barrels of orange juice which were returned damaged. The customer counterclaimed for negligence, but the warehousemen relied on an exemption clause in their contract conditions. The Court of Appeal held the exemption clause was incorporated through course of dealing and protected against negligence, provided there was no breach...
August 28, 2025
Mr Hollier's car was damaged by fire at the defendants' garage due to their negligence. The defendants sought to rely on an exclusion clause disclaiming responsibility for fire damage. The Court of Appeal held the clause was not incorporated by course of dealing and, even if it had been, did...
August 28, 2025
A dragline crane hired urgently by the defendants sank into marshy ground without fault from either party. The Court of Appeal held that standard trade conditions were incorporated into the oral contract due to both parties' knowledge of such conditions in the plant hire trade, making the hirer liable for...
April 1, 2026
National Case Law Archive
March 31, 2026
National Case Law Archive
March 31, 2026
National Case Law Archive