Morris v C W Martin & Sons Ltd
1966 · [1966] 1 QB 716
Posted By lanbuk.com
- Facts
- Goods in the hands of a were entrusted to a sub-bailee. The sub-bailee was .
- Issue
- Is the head bailee liable for the sub-bailee's negligence, and can a sub-bailee owe duties directly to the owner?
- Held
- The bailee is presumptively liable for the negligence of the sub-bailee even without personal fault. A sub-bailee who knows the goods belong to someone else can owe that person the duties of a bailee.
- Principle
- 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- can be relied on against the owner where the principle in The Pioneer Container is met.
- Why it matters
- In carriage and warehousing it lets the owner sue the person he contracted with, without having to prove which person in the chain was careless.
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.
Also on Lanbuk
- Morris v C W Martin & Sons Ltd in Lanbuk on the Law of Torts
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.