Law of bailment (England and Wales)
In the law of England and Wales , the law of bailment is an area of law that deals with the constellation that a person (the bailee ) willfully has possession (≈ ' possession ') of a tangible movable property , of which another (the bailor ) is entitled to a higher-ranking right (usually ownership ). The transfer ( real act ) and the resulting ownership relationship are called bailment .
Dogmatic classification
The dogmatic classification of bailment in the system of English law is difficult: at the end of the 19th century, Lord Chief Justice John Coleridge in R v Ashwell (1885) assumed that a bailment was only possible on condition of a contractual relationship between bailor and bailee could exist. In contrast, the law of bailment gains its importance today precisely from the fact that there does not have to be any connection between bailor and bailee : the person who finds something is also bailee. The separation of bailment and contract is due in particular to the fact that under English law - in contrast to the continental European legal systems - a contract can only be constructed if a consideration has been given for the service . If an object is left for use free of charge, as in the case of a loan, the agreement is actually not enforceable, as there is no consideration due to the lack of payment . In this case, the law of bailment serves as a stopgap for the missing contractual obligation. On the other hand, is one of the bailment basis are totally contradictory rules on burden of proof and not the law of torts ( tort law ) to. It is therefore generally assumed that this area of law defies classification: "It is a transaction that is sui generis [...]".
Manifestations
Free ( gratuitous ) bailment
- free custody (deposit)
- involuntary bailment
- mandate
- gratuitous loan for use or commodatum (loan)
Paid bailment ( bailment for reward )
- hire of custody or locatio custodiae (custody for a fee)
- hire of work and labor or locatio operis faciendi for certain types of work contracts , e.g. processing or transport
- innkeepers (bringing things to innkeepers)
- pledge or vadium ( Fahrnis deposit )
- hire or locatio conductio rei ( rental of furniture )
literature
- Norman Palmer: Bailment . 3. Edition. Sweet & Maxwell, London 2009, ISBN 978-1-84703-068-9 .
- Kevin Poppen: The rental of furniture in English and German law (= publications on international private law and comparative law . Volume 31 ). V&R unipress, Göttingen 2011, B. Chapter 1: Basics - I. The law of bailment .
- Bailment . In: Encyclopædia Britannica . 11th edition. tape 3 : Austria - Bisectrix . London 1910, p. 220 (English, full text [ Wikisource ]).
