| who is a bailor? who is a bailee? who is a sub-bailee? | a bailor is the owner of goods subject to the bailment
a bailee is anyone holding the legal ownership of which belongs wholly or in part to another (the bailor)
a sub-bailee is one to whom the goods have been bailed by someone who is themselves a bailee of those goods |
| true or false: the remedy for 'breach of bailment' is damages | false, there are no breaches of bailments, the usual action is a breach of contract or tort, such as negligence or trover |
| what does Coggs v Bernard establish? (case circumstances) | the plaintiff, Coggs, claimed that Bernard agreed to collect several hogsheads of brandy from a cellar and transfer them to a cellar in Water Lane in the City of London. Bernard carried out this task but he or his servants or agents were negligent and staved-in one of the casks at the delivery address, causing a large quantity of brandy to be lost. the court found for the plaintiff stating that they were negligent in their storing abilities |
| what does Coggs v Bernard establish? (types of bailment) | Depositum
Locatio custodiae (or ‘hire of custody’)
Commodatum
Locatio et conductio
Vadium - important one
Locatio operis faciendi
Mandatum |
| what can be bailed? | all personal property - not buildings
only tangible property - not things in action or money |
| what is depositum? | the ‘bare deposit’ of goods with someone for the owner’s exclusive use. the bailee does not receive any reward for their services |
| what is location custodiae? (hire of custody) | the ‘bare deposit’ of goods with someone for the owner’s exclusive use. this is different from depositum as they receive a reward for their services. |
| what is commodatum? | Commodatum arises where the bailor lends goods to the bailee for the bailee’s benefit, such as lending a pen to your friend |
| what is locatio et conductio? | this is where the goods are let to the bailee on hire |
| what is vadium? | where goods are pawned or pledged to someone |
| what are the two categories of locatio operis faciendi? | first, is handing over the goods to have repairs or something done to them
second, is handing over goods for carriers so they can be transported |
| what is mandatum? | handing the goods over for transport, but for no reward |
| what is the case for depositum? | Khan v Grocutt - established that bailments must be of physical chattels |
| what is the case for location custodiae? | Chapman v GWR - goods were sent to a railway station warehouse to be kept until called for by the plaintiff, who was a travelling salesman. When he called for them three days after they had been delivered, he found there had been a fire and the goods were destroyed. The railway company when transporting the goods were what is known as ‘common carriers’ with specific liabilities. Chapman sued them as common carriers but failed on that point because the court held he had left it too long to collect the goods |
| what is the key case for locatio et conductio? | Chapelton v Barry - Mr Chapelton hired a deckchair from Barry Urban District Council. When he sat on it, the canvas gave way and he fell through the chair, injuring himself. the bailor tried to rely on contractual terms as a defence but the bailment caused Chapelton to be injured. |
| what is the case for locatio operis faciendi? | Holler v Rambler Motors - Mr Hollier left his car with Rambler Motors for repair and while in their keeping it was destroyed as a result of a fire. Mr Hollier sued Rambler Motors as bailees of his car and it would be an obvious example of locatio operis faciendi. |
| what is the leading case for commadatum? | Coughlin v Gillison - could not find the case anywhere |
| what is the leading case for vadium? | Donald v Suckling |
