1. Bailment
“the transfer of possession, but not the title of personal property by one party to another, under agreement”

2. Parties Involved
Bailor: “the party who gives up possession, but not title, of property in a bailment”
Bailee: “the party who acquires possession but not title of personal property in a bailment”

3. Conditions of Bailment
1) parties must agree that the same property is to be returned to bailor, or accounted for as directed, although possibly altered in form
2) there must exist both a delivery and acceptance of property

4. Duties
Duty of Bailor:
Duty of Bailee:
tort of conversion

5. Types of Bailment
1) Sole Benefit of Bailor: possession of personal property is transferred to another for purposes that will benefit only the bailor
2) Sole Benefit of Bailee: transactions in which the possession of personal property is transferred for purposes that will benefit only the bailee

6. Types of Bailment (cont’d)
3) Mutual Bailment: when personal property is transferred to a bailee with the intent that both parties will benefit
Exceptions: a) where property is taken from bailee under valid legal process
b) when a person to whom property is delivered has better entitlement to possession than the bailor

7. Types of Bailment (cont’d)
4) Involuntary Bailment: property comes into possession unintentionally or by an “act of God”.
Mutuum: loan to another with expectation that goods will be used up and replaced with like goods of equal amount (not a bailment)

8. Carriers
Private Carriers: “those who transport only in particular instances and only for those they chose to contract with
e.g. FH vehicles and livery
Common Carriers: “any carrier required by law to convey passengers or frieng without refusal if the approved fare or charge is paid e.g. airline, train etc.

9. Common Carrier Terms
Bill of Lading: “the contract existing between the consignor and the carrier”
Consignor: “one who ships goods by common carrier”
Consignee: “one to whom goods are shipped by common carrier