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Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership.To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair.
The case overturned the then leading case in the law of bailments, Southcote's Case (1601), which held that a general bailee was strictly liable for any damage or loss to the goods in his possession (e.g., even if the goods were stolen from him by force). Under the ruling in Coggs v Bernard, a general bailee was only liable if he had been ...
Sub-bailment, duty of care, theft Morris v CW Martin & Sons Ltd [1966] 1 QB 716 is an English tort law case, establishing that sub-bailees are liable for the theft or negligence of their staff. Both Lord Denning and Diplock LJ rejected the idea that a contract need exist for a relationship of bailor and bailee to be found.
Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chattel ...
A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership belong in equity, and do not rise to the level of a conversion. Traditionally ...
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The Penal Code [38] states the elements and penalties of common criminal offences such as homicide, theft and cheating, and also sets out general principles of criminal law in Singapore. The Sale of Goods Act, [39] an English Act made applicable to Singapore by the Application of English Law Act, sets out legal rules relating to the sale and ...
It states that the common law of England (including the principles and rules of equity), so far as it was part of the law of Singapore immediately before the commencement of the Act, continues to be part of Singapore law so far as it is applicable to the circumstances of Singapore and its inhabitants and subject to such modifications as those ...