Bailments

Written by Adam Peck Category: Injury Law January 15th, 2013 2 min read

Bailment is the delivery of property from one person (bailor) to another person (bailee) who holds the property for a specific period of time under an express or implied-in-fact contract. To be distinguished from a contract of sale or a gift of property, bailment only involves the transfer of possession and not of ownership. An example of a bailment is taking your car to a parking garage and leaving the car and the keys in the possession of the parking garage attendant states California Business Attorney Steven C. Peck.

Bailments may be of several types: a bailment may be gratuitous when the bailee receives no compensation (as when you borrow your friend’s notebook computer to work on an open source online encyclopedia project because he believes in the open source movement and wants to help you out), or a bailment for hire for which the bailee is compensated as in the parking garage example above, another common example is the coatcheck person.

A constructive bailment is a legal obligation that is imposed upon someone who has possession of property to return that property to the rightful owner as when the bailment is involuntary (done without intent or by accident but without negligence). An involuntary bailee may be liable in conversion if they do not return the property on the request of the bailor.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.