Bailment

A detailed Summary of Bailment

A bailment came into existence when Lionel delivered the computers into Alistair's possession upon the promise that Alistair would deliver them to Jeannie .

It is essential to show the computers were in Alistair's actual possession, otherwise, there would be no bailment . In the ordinary course of business, it can be assumed that delivery of the goods occurs when the consignment note is signed. The clause which allows Alistair to sub-bail is indicative of the fact that possession also passed at that time.

The duty to retain possession of the goods wasn't breached owing to the clause permitting Alistair to sub-contract the freight of the goods.

With respect to his duty to take care of the goods and deliver them as directed, the exclusion clause operates to relieve Alistair of liability for damage to goods 'in transit'. However, failure of the sub contractor to use due care in the carriage of goods can result in a breach by the bailee of their promise to the bailor . The onus lies on Lionel to demonstrate this, however, more details are needed. For example, was Alistair aware of FabFreight having a particular reput

Exclusion clauses designed to avoid liability for losses/damages are construed strictly against those relying on them. Therefore, it's quite hard to show implied consent . However, Lionel's consent could be implied from providing Alistair with the right to sub contract the freight of goods with no specific instructions as to precise terms. Consequently, the exclusion clause functions to relieve FabFreight of liability for damages to the computers.

FabFreight bear the onus to show they acted reasonably in all the circumstances by using that particular truck, and it wasn't because of their negligence that the computers were damaged.

A sub bailment occurred when Alistair transferred possession of the computers to FabFreight. Lionel has the right to pursue FabFreight for breach of bailment as he has a prior right to possession of the computers .

Some common words found in the essay are:
FabFreight Lionel, Alistair Deakin, Building Supplies, Lionel Lionel, License Sandy, Hobbs Hobbs, Exclusion Clause, Practises Act, Alistair FabFreight, Pty Ltd, exclusion clause, acted reasonably, lionel hardcastle, duty care, actual possession, duty retain possession, alistair lionel, alistair sub, reasonable precautions, breach bailment, duty retain,

Approximate Word count = 1080
Approximate Pages = 4 (250 words per page double spaced)

Category: Miscellaneous

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Bailment

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