“A major achievement … A work capable of being used throughout the common law world… This is genuinely one of the few books that a common lawyers simply cannot afford to be without.” Anglo-American Law Review
This highly respected work provides definitive guidance through all aspects of the legal relationship of bailment, those situations where one person voluntarily has possession of tangible personal property that belongs to another.
It explains how bailment impacts on a wide range of practice areas including banking, insurance, finance leasing, international trade, carriage of goods, construction, insolvency, art loans and exhibitions, and the proceeds of crime.
- Offers unequalled explanation of the concept and principle of bailment.
- Examines the relationship between bailment and the law of sale of goods, contract and tort.
- Covers a range of specific bailments, including involuntary bailment, constructive bailment and gratuitous custody.
- Guides practitioners through the problems of bailment that commonly arise in practice.
- Explains the applications of bailment in a wide range of practice areas.
- Shows how the courts have applied the principles through detailed analysis of case law.
- Deals with claims and remedies.
- Analyses jurisdiction and choice of law issues.
- Considers Commonwealth case law, making the work relevant throughout the common law world.
- Provides authority that can be relied upon. Previous editions have been widely cited.
New chapters in this edition:
- Bailment, mixtures and fixtures
- Bailment and shipping contracts
- Hire of chattels
- Bailment and the human body
- Intangible property
- Animals
- Bailment and equity
- Bailment and taxation
- Bailment crime and proceeds of crime
- Insolvency and possessory securities
- Bailment in the conflict of laws
- Practice and procedure in bailment terms
Expanded and enhanced content in this edition:
- The nature and elements of bailment
- Identifying the bailor
- Carriage chapter expanded into separate chapters on road carriage; rail carriage; carriage by air
- Bailment and restitution
Contents
- CONSTITUTION AND CONTENT: The nature and elements of bailment. Identifying the bailor. Classifications and Distinctions. Bailment and possessory title. Possession and permission. Possession and knowledge. Service, agency and possession. Bailment, Mixtures and Fixtures. Gratuitous bailments and bailments for reward.
PARTICULAR BAILMENTS - BAILMENT WITHOUT REWARD: Depositum or gratuitous safekeeping. Mandatum or gratuitous work and labour. Commodatum or gratuitous loan. Involuntary bailment.
- PARTICULAR BAILMENTS - BAILMENT FOR REWARD: Hire of custody. Hire of work and labour. Carriage: general principles. Road carriage. Rail carriage. Carriage by air. Bailment and shipping contracts. Hire of chattels.
- Pledge.
SPECIAL MODES OF CREATION: Extended and Constructive Bailments: Sub-bailment, Substitutional Bailment and Quasi-Bailment. Transmissible leases of chattels. Bailment by Attornment. Finders and other unrequested keepers. Innkeepers. Boarding house keepers.
- SPECIAL CLASSES OF SUBJECT MATTER: Bailment and the human body: Human remains, human tissue and human Products. Intangible property. Animals.
- BAILMENT AND OTHER HEADS OF OBLIGATION: Bailment and equity. Bailment and restitution. Bailment and taxation. Bailment, crime and proceeds of crime.
- REDRESS, REMEDIES, RESOLUTION AND ENFORCEMENT: Bailment and third parties. Bailment and Damages. Exclusion clauses. Bailments and insurance. Limitation periods. Insolvency and possessory securities. Bailment in the conflict of laws. Practice and procedure in bailment claims.
- APPENDICES: Res ipsa loquitur and the burden of proof in bailment. The Common law term as to safety and fitness for use under contracts for the hire of goods. Bailment and covenants with chattels.
Jurisdiction: UK/Cth/Nth America
“A major achievement … A work capable of being used throughout the common law world… This is genuinely one of the few books that a common lawyers simply cannot afford to be without.” Anglo-American Law Review
This highly respected work provides definitive guidance through all aspects of the legal relationship of bailment, those situations where one person voluntarily has possession of tangible personal property that belongs to another.
It explains how bailment impacts on a wide range of practice areas including banking, insurance, finance leasing, international trade, carriage of goods, construction, insolvency, art loans and exhibitions, and the proceeds of crime.
- Offers unequalled explanation of the concept and principle of bailment.
- Examines the relationship between bailment and the law of sale of goods, contract and tort.
- Covers a range of specific bailments, including involuntary bailment, constructive bailment and gratuitous custody.
- Guides practitioners through the problems of bailment that commonly arise in practice.
- Explains the applications of bailment in a wide range of practice areas.
