You do not have permission to edit this page, for the following reasons:

This IP address has been blocked from editing Wikipedia.
This does not affect your ability to read Wikipedia pages.
Most people who see this message have done nothing wrong. Some kinds of blocks restrict editing from specific service providers or telecom companies in response to recent abuse or vandalism, and can sometimes affect other users who are unrelated to that abuse. Review the information below for assistance if you do not believe that you have done anything wrong.

The IP address or range 44.201.0.0/16 has been blocked (disabled) by ‪ST47‬ for the following reason(s):

The IP address that you are currently using has been blocked because it is believed to be a web host provider. To prevent abuse, web hosts may be blocked from editing Wikipedia.
You will not be able to edit Wikipedia using a web host provider because it hides your IP address, much like a proxy or VPN.
We recommend that you attempt to use another connection to edit. For example, if you use a proxy or VPN to connect to the internet, turn it off when editing Wikipedia. If you edit using a mobile connection, try using a Wi-Fi connection, and vice versa. If you are using a corporate internet connection, switch to a different Wi-Fi network. If you have a Wikipedia account, please log in.
If you do not have any other way to edit Wikipedia, you will need to request an IP block exemption.

How to appeal if you are confident that your connection does not use a web host's IP address:
If you are confident that you are not using a web host, you may appeal this block by adding the following text on your talk page: ((unblock|reason=Caught by a web host block but this host or IP is not a web host. My IP address is _______. Place any further information here. ~~~~)). You must fill in the blank with your IP address for this block to be investigated. Your IP address can be determined here. Alternatively, if you wish to keep your IP address private you can use the unblock ticket request system. There are several reasons you might be editing using the IP address of a web host (such as if you are using VPN software or a business network); please use this method of appeal only if you think your IP address is in fact not a web host.

Administrators: The IP block exemption user right should only be applied to allow users to edit using web host in exceptional circumstances, and they should usually be directed to the functionaries team via email. If you intend to give the IPBE user right, a CheckUser needs to take a look at the account. This can be requested most easily at SPI Quick Checkuser Requests. Unblocking an IP or IP range with this template is highly discouraged without at least contacting the blocking administrator.

This block will expire on 23:54, 31 July 2024.

Even when blocked, you will usually still be able to edit your user talk page, as well as email administrators and other editors.

For information on how to proceed, please read the FAQ for blocked users and the guideline on block appeals. The guide to appealing blocks may also be helpful.

Other useful links: Blocking policy · Help:I have been blocked
Your IP address is in a range that has been blocked on all Wikimedia Foundation wikis. The block was made by ‪AntiCompositeNumber‬. The reason given is Open proxy/Webhost: Visit the FAQ if you are affected .
- Start of block: 13:55, 18 August 2022
- Expiry of block: 13:55, 18 April 2025
Your current IP address is 44.201.28.123. The blocked range is 44.201.0.0/16. Please include all above details in any queries you make. If you believe you were blocked by mistake, you can find additional information and instructions in the No open proxies global policy. Otherwise, to discuss the block please post a request for review on Meta-Wiki. You could also send an email to the stewards VRT queue at stewards@wikimedia.org including all above details.

You can view and copy the source of this page:

((Short description|Legal relationship in common law))
((redirect|Bailor|the baseball player|Bob Bailor))
((redirect |Bailee| the unisex name|Bailey (given name)))
((More citations needed|date=November 2019))
((Property law))
'''Bailment''' is a legal relationship in [[common law]], where the owner transfers physical [[Possession (law)|possession]] of [[personal property]] ("chattel") for a time, but retains ownership.<ref>((cite web|title=BAILMENT Definition & Legal Meaning|work=[[Black's Law Dictionary]]|edition=2nd|url=https://thelawdictionary.org/bailment/|access-date=March 10, 2023))</ref> The owner who surrenders custody to a property is called the "bailor" and the individual who accepts the property is called a "bailee".<ref name=":1">((Cite book|last=Merrill, Thomas W.|url=https://www.worldcat.org/oclc/656424368|title=Property|date=2010|publisher=Oxford University Press|others=Smith, Henry E.|isbn=978-0-19-971808-5|location=New York|oclc=656424368))</ref> The bailee is the person who possesses the personal property in [[Trust law|trust]] for the owner for a set time and for a precise reason and who delivers the property back to the owner when they have accomplished the purpose that was initially intended.<ref name=":0">((Cite book|title=American Jurisprudence|last=Gordon|first=Noah J.|last2=Surette|first2=Eric C.|edition=2d|volume=8A|chapter=Bailments))</ref>

==General==
Bailment is distinguished from a [[contract of sale]] or a [[gift]] of property, as it only involves the transfer of [[Possession (law)|possession]] and not its [[ownership]].  To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair. Although a bailment relationship is ordinarily created by contract, there are circumstances where lawful possession by the bailee creates a bailment relationship without an ordinary contract,<ref name=":0" /> such as an [[Bailment#Involuntary bailees|involuntary bailment]]. A bailment relationship between the bailor and bailee is generally less formal than a fiduciary relationship.<ref name=":0" />

In addition, unlike a [[lease]] or rental, where ownership remains with the lessor but the lessee is allowed to use the property, the bailee is generally not entitled to the use of the property while it is in his possession. However, a lease of personal property is the same as a bailment for hire, where the bailee gains the right to use the property.<ref name=":0a">((Cite book|title=American Jurisprudence|last=Gordon|first=Noah J.|last2=Surette|first2=Eric C.|edition=2d|volume=8A|chapter=Bailments § 5. Transactions constituting bailments))</ref>  

A common example of bailment is leaving one's car with a [[Valet parking|valet]]. Leaving a car in an unattended [[parking garage]], however, is typically a [[lease]] or [[license]] of a parking space rather than a bailment, as the garage does not take possession of (i.e. exercise dominion or control over) the car.  However, bailments arise in many other situations, including terminated leases of property, warehousing (including store-it-yourself), or in carriage of goods.

=== Governing law ===
In the United States, bailments are frequently governed by statute.<ref name=":0" /> For example, the UCC regulates personal property leases.<ref>U.C.C. §§ 2A-101 to 2A-604.

As to the regulation of personal property leases under U.C.C. §§ 2A-101 et seq., see §§ 269 to 343.</ref> State bailment for hire statutes may also regulate the rights and duties of parties in the bailment relationship.<ref name=":0" /><ref>See ''Mark Singleton Buick, Inc. v. Taylor'', 194 Ga. App. 630, 391 S.E.2d 435, 12 U.C.C. Rep. Serv. 2d 84 (1990).</ref> The [[Malay States]]' ordinance of 1950 on contracts stated that:((quote|104. In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary [[prudence]] would, under similar circumstances, take of his own goods of the same bulk, quality, and value as the goods bailed.<br />105. The bailee, in the absence of any special contract, is not responsible for the loss, destruction, or deterioration of the thing bailed, if he has taken the amount of care of it described in s 104 of this Ordinance.<ref>Contracts (Malay States) Ordinance of 1950, sections 104-105, quoted in [[Privy Council (United Kingdom)|Privy Council]], [https://web.archive.org/web/20101202150355/https://www.ipsofactoj.com/archive/1978/Part04/arc1978(4)-003.htm Port Swettenham Authority v TW Wu & Co (M) Sdn Bhd], reported 19 June 1978, accessed 21 September 2023</ref>))

Bailment is a typical common law concept, although similar concepts exist in civil law.<ref>((Cite web|url=https://uk.practicallaw.thomsonreuters.com/9-381-8490?transitionType=Default&contextData=(sc.Default)&firstPage=true|title=Bailment|website=uk.practicallaw.thomsonreuters.com|language=en-GB|access-date=2017-09-18))((fv|reason=This page does not refer to civil law|date=September 2023))</ref>

==Purposes==
There are three types of bailments, based on the purpose of the relationship:<ref name=":0" />

#for the benefit of the bailor and bailee
#for the sole benefit of the bailor; and
#for the sole benefit of the bailee.

;Examples
A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties (e.g. a bailment for the repair of an item when the owner is paying to have the repair accomplished).

A bailor receives the sole benefit from a bailment when a bailee acts gratuitously  (e.g. the owner leaves the precious item such as a car or a piece of jewelry in the safekeeping of a trusted friend while the owner is traveling abroad without any agreement to compensate the friend).

A bailment is created for the sole benefit of the bailee when a bailor acts gratuitously (e.g., the loan of a book to a patron, the bailee, from a library, the bailor).

==Damages==
Plaintiffs will be able to sue for damages based on the duty of care. Often this will be normal [[tort]] damages. Plaintiff may elect also to sue for [[conversion (law)|conversion]], either in the [[replevin]] or [[trover]], although these are generally considered older, common law damages.

==Terms==
Bailment can arise in a number of situations and is often described by the type of relationship that gave rise to the bailment. Two common distinctions are:

* For [[consideration]] versus gratuitous. If a person agrees to accept a fee or other good consideration for holding possession of goods, they are generally, although not always,<ref>[[Privy Council (United Kingdom)|Privy Council]], [https://web.archive.org/web/20101202150355/https://www.ipsofactoj.com/archive/1978/Part04/arc1978(4)-003.htm Port Swettenham Authority v TW Wu & Co (M) Sdn Bhd], reported 19 June 1978, accessed 21 September 2023</ref> held to a higher [[standard of care]] than a person who is doing so without being paid (or receives no benefit). Consider a paid coat-check counter versus a free coat hook by the front door and the respective obligations of the bailee. Some establishments even post signs to the effect that "no bailment" is created by leaving your personal possessions in their care, but local laws may prevent unfair enforcement of such terms (especially attended car parks).
* Fixed-term versus indefinite-term.  A bailor who leaves property for a fixed term may be deemed to have [[Abandonment (legal)|abandoned]] the property if it is not removed at the end of the term, or it may convert to an involuntary bailment for a reasonable time (e.g., abandoned property in a bank safe, eventually [[escheat]]s to the state, and the treasurer may hold it for some period, awaiting the owner). However, if there is no clear term of bailment agreed upon, the goods cannot be considered abandoned unless the bailee is given notice that the bailor wishes to give up possession of the goods.  Frequently, in the case of storage of goods, the bailee also acquires a contractual or statutory right to dispose of the goods to satisfy overdue rent.

==Cases==
*''[[Coggs v Bernard]]'' (1703)

== References ==
<references />

==See also==
*[[Bail]]
*[[Trover]]
*[[Replevin]]


[[Category:Personal property law]]

Pages transcluded onto the current version of this page (help):

Bailee (edit)
Bailment (edit)
Bailor (edit)
Template:Ambox (view source) (template editor protected)
Template:Blockquote (view source) (template editor protected)
Template:Blockquote/styles.css (view source) (template editor protected)
Template:Category handler (view source) (protected)
Template:Cite book (view source) (protected)
Template:Cite web (view source) (protected)
Template:Delink (view source) (protected)
Template:Failed verification (view source) (template editor protected)
Template:Find sources mainspace (view source) (template editor protected)
Template:Fix (view source) (protected)
Template:Fix/category (view source) (protected)
Template:Fv (view source) (template editor protected)
Template:Hlist/styles.css (view source) (protected)
Template:Law sidebar style/styles.css (view source) (semi-protected)
Template:Main other (view source) (protected)
Template:More citations needed (view source) (template editor protected)
Template:Pagetype (view source) (protected)
Template:Property law (edit)
Template:Quote (view source) (template editor protected)
Template:Redirect (view source) (template editor protected)
Template:SDcat (view source) (protected)
Template:Short description (view source) (protected)
Template:Short description/lowercasecheck (view source) (protected)
Template:Sidebar (view source) (template editor protected)
Module:Arguments (view source) (protected)
Module:Category handler (view source) (protected)
Module:Category handler/blacklist (view source) (protected)
Module:Category handler/config (view source) (protected)
Module:Category handler/data (view source) (protected)
Module:Category handler/shared (view source) (protected)
Module:Check for unknown parameters (view source) (protected)
Module:Citation/CS1 (view source) (protected)
Module:Citation/CS1/COinS (view source) (protected)
Module:Citation/CS1/Configuration (view source) (protected)
Module:Citation/CS1/Date validation (view source) (protected)
Module:Citation/CS1/Identifiers (view source) (protected)
Module:Citation/CS1/Utilities (view source) (protected)
Module:Citation/CS1/Whitelist (view source) (protected)
Module:Citation/CS1/styles.css (view source) (protected)
Module:Delink (view source) (protected)
Module:Disambiguation/templates (view source) (protected)
Module:Find sources (view source) (template editor protected)
Module:Find sources/config (view source) (template editor protected)
Module:Find sources/links (view source) (template editor protected)
Module:Find sources/templates/Find sources mainspace (view source) (template editor protected)
Module:Format link (view source) (template editor protected)
Module:Hatnote (view source) (template editor protected)
Module:Hatnote/styles.css (view source) (template editor protected)
Module:Hatnote list (view source) (template editor protected)
Module:Message box (view source) (protected)
Module:Message box/ambox.css (view source) (protected)
Module:Message box/configuration (view source) (protected)
Module:Namespace detect/config (view source) (protected)
Module:Namespace detect/data (view source) (protected)
Module:Navbar (view source) (protected)
Module:Navbar/configuration (view source) (protected)
Module:Navbar/styles.css (view source) (protected)
Module:Pagetype (view source) (protected)
Module:Pagetype/config (view source) (protected)
Module:Pagetype/disambiguation (view source) (protected)
Module:Pagetype/setindex (view source) (protected)
Module:Pagetype/softredirect (view source) (protected)
Module:Redirect hatnote (view source) (template editor protected)
Module:SDcat (view source) (protected)
Module:Sidebar (view source) (template editor protected)
Module:Sidebar/configuration (view source) (template editor protected)
Module:Sidebar/styles.css (view source) (template editor protected)
Module:String (view source) (protected)
Module:Unsubst (view source) (protected)
Module:Wikitext Parsing (view source) (template editor protected)
Module:Yesno (view source) (protected)

Return to Bailment.

Retrieved from "https://en.wikipedia.org/wiki/Bailment"