Marcq v Christie Manson & Woods Ltd
2003 · [2003] EWCA Civ 731, [2004] QB 286
Posted By lanbuk.com
- Facts
- An auctioneer took possession of a painting from X. The painting had been stolen from Y. The auctioneer did not know that.
- Issue
- Does a owe the true owner the duties of a bailee if he does not know the owner exists?
- Held
- No. There was no and bailee relationship between Y and the auctioneer.
- Principle
- Applying The Pioneer Container, the bailee owes duties only to those whom he knows may be bailors. Voluntary assumption of responsibility requires sufficient notice that someone other than the immediate bailor is interested.
- Why it matters
- Use it when a carrier, warehouse or auctioneer deals with goods at the request of a person who is not the owner, and does not know of the owner.
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.
- Bailor
- The person who delivers possession of goods to a bailee but remains the owner. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.