Coggs v Bernard
1703 · (1703) 2 Ld Raym 909
Posted By lanbuk.com
- Facts
- Goods were delivered to be carried for nothing. The case is the sixth of Holt CJ's six sorts of : carriage or work done without reward.
- Issue
- What kinds of bailment are there, and why does a come under a duty?
- Held
- Holt CJ described six sorts: deposit for safekeeping, a gratuitous loan for use, hire of the goods, pledge, work or carriage for reward, and work or carriage for nothing.
- Principle
- 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.
- Why it matters
- It is still the starting map. Later bailments, including finding, sub-bailment and mistaken seizure, do not fit it, which is why modern books also use the simpler split between gratuitous bailments and bailments for reward.
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.