Bailment

Bailment Commercial Law (LAWS 2210) Lionel Hardcastle v Alistair Deakin 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. Did Alistair breach the bailment' 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 bailment, possession, goods, fabfreight, alistair, computers, lionel, truck, take, sandy, reasonable, however, clause, wasn’t, been, sub, show, liability, facts, exclusion, care, breach, bailor, against, acted, whether, upon, rocky, right, respect, onus, negligence, it’s, implied, hardcastle, duty, deliver, contract, consent, because, bailee, actual, warehouse, stored, signed, rust, retain, result, relieve, reasonably