Bailment

Card Set Information

Author:
omegaomega
ID:
14899
Filename:
Bailment
Updated:
2010-04-17 05:54:06
Tags:
law exam
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Description:
commercial law, bailment
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  1. conditions for bailment
    • 1. One can only bail chattels
    • 2. Possession of goods must pass to bailee
    • 3. Bailor must retain a superior proprietary interest/there can be no change to the chattel
    • 4. Consent of the bailee
  2. Possession
    • Ashby v Tolhurst: licencee
    • Always Win: in-out system to prevent theft => bailment
    • Ho Sui Kam: open space, iron fencing, patrol once in an hour, carpark owners does not have the key of the car => licencee
  3. superior proprietary interest
    • possessory interest subordinate to bailor's interest, i.e. return the chattel to bailor or deal with it according to the bailor's instruction. Wincanton
    • substitution of the goods: Foley v Hill (Bank); Mercer v Craven Grain Storage

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