Lecture 3. "Possession is nine tenth of the law": Bailment Flashcards
What is a bailment?
Bailment is the relationship between a bailor and a bailee, where the bailee receives possession of a chattel from the bailor.
Who is a bailor?
The person who delivers possession of a chattel to another (the bailee).
Who is a bailee?
The person who receives possession of a chattel from the bailor.
Does bailment apply to real estate?
No, bailment only applies to personal property (personalty), not real estate (realty).
What are the two types of bailment?
Bailment at will and bailment for a fixed term.
What is a bailment at will?
A bailment with no fixed duration; the bailor can reclaim possession at any time.
What happens if a third party takes possession from a bailee in a bailment at will?
It is considered wrongful possession. The bailor has a right to recover the property.
What is a bailment for a fixed term?
A bailment where possession is transferred for a set period, and the bailor cannot reclaim possession until the term ends.
Can a bailor recover the property before the fixed term ends?
No, only after the fixed term expires.
What are the key features of possession?
Control and intent to exclude others (exclusive possession).
Is there a precise legal definition of possession?
No, possession can be physical, legal, or both.
How does possession differ from custody?
Custody involves control but not the intent to exclude others.
Example: A pizza delivery man receives a pizza to deliver. Does he have bailment?
No, he only has custody. The pizza shop retains the right of possession until delivery.
Can a bailee sue a third party for wrongful possession?
Yes, the bailee can sue for loss or damage (trespass to property).
Can a bailor sue a third party for wrongful possession in a bailment at will?
Yes, because the bailor retains ownership and the right to possession.
Can a bailor sue a third party for wrongful possession during a fixed term bailment?
No, only the bailee can sue during the fixed term.
When can the bailor recover the property in a fixed term bailment?
After the fixed term ends.
What happens if a landlord enters a bailee’s apartment during a fixed-term contract?
The landlord cannot take back possession until the contract ends.
If a bailee is not responsible for loss or damage, can they still sue a third party for damages?
Yes, a bailee can sue in tort for loss or damage even if they are not liable to the bailor.
The Winkfield Case (1902)
What is the key principle from The Winkfield case?
Possession is title against a wrongdoer.
The Winkfield Case (1902)
What happened in The Winkfield case?
The ship Mexican was struck by Winkfield while carrying mail.
The Winkfield Case (1902)
Who sued for damages in The Winkfield case?
The postmaster general, on behalf of the senders.
The Winkfield Case (1902)
Why was there an issue with the postmaster general suing?
He represented the Crown, which could not be sued.
The Winkfield Case (1902)
Why did the court allow the postmaster to sue?
He was a bailee in possession, meaning he had the right to sue for loss.