Lanbuk on Mercantile Law: cases
9 cases, each with its facts, the issue, what was held and the principle.
Posted By lanbuk.com
- Coggs v Bernard (1703)The classification is built on consent and on the obvious social and commercial examples. It explains the obligation that lies on a person trusted with goods.
- Ashby v Tolhurst (1937)Possession is the heart of bailment. Without a transfer of possession there is no bailment, and a mere failure to prevent theft is not enough to make the landow
- Houghland v R R Low (Luxury Coaches) Ltd (1962)The standard of care is the standard the circumstances of the particular bailment demand. It does not turn on a rigid line between gratuitous bailments and bail
- Volcafe Ltd v Cia Sud Americana de Vapores SA (2018)A contract of carriage by sea remains a bailment for reward on terms. The bailee's duty is to take reasonable care, and the burden of disproving negligence stay
- The Pioneer Container (1994)The essence of bailment is the bailee's voluntary possession of another's goods, not a contract with the owner. Notice of the other person's interest is what ma
- Morris v C W Martin & Sons Ltd (1966)Lord Denning MR stated the presumption of liability for the sub-bailee's fault. The case is also authority that an exception clause in the sub-bailment can be r
- Marcq v Christie Manson & Woods Ltd (2003)Applying The Pioneer Container, the bailee owes bailment duties only to those whom he knows may be bailors. Voluntary assumption of responsibility requires suff
- Mercer v Craven Grain Storage Ltd (1994)So long as the person in possession does not become owner, commingled goods can be bailed. The duty is to account for a quantity, not to return the identical gr
- Chapman Bros v Verco Bros & Co Ltd (1933)If the duty is to return the same quantity of identical goods, not the same goods, ownership passes. That is not a bailment.