Ashby v Tolhurst
1937 · [1937] 2 KB 242
Posted By lanbuk.com
- Facts
- The owner left a car in a private car park. The attendant allowed a thief to drive it away.
- Issue
- Were the car-park owners , and so liable for failing to keep the car safe?
- Held
- No. The Court of Appeal reversed the trial judge. Leaving a car on someone's land is not the same as delivering it into his possession.
- Principle
- Possession is the heart of . Without a transfer of possession there is no bailment, and a mere failure to prevent theft is not enough to make the landowner liable as bailee.
- Why it matters
- Use it whenever goods are left on land, in a park, or where someone enters land to look after them, as in Tongue v RSPCA. Ask whether possession actually passed.
Words and Latin in this note
- Bailment
- A transaction in which a bailee lawfully receives possession of the bailor's goods for a purpose. Ownership stays with the bailor. It is its own source of duties, and it does not require a contract. Open the note.
- Bailee
- The person who lawfully receives possession of goods from the bailor for some purpose, and must take care of them and return the same goods. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.