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One to whom Personal Property is entrusted for a particular purpose by another, the bailor, according to the terms of an express or implied agreement.



bailee (custodian)

n. a person with whom some article is left, usually pursuant to a contract (called a "contract of bailment"), who is responsible for the safe return of the article to the owner when the contract is fulfilled. These can include banks holding bonds, storage companies where furniture or files are deposited, a parking garage, or a kennel or horse ranch where an animal is boarded. Leaving goods in a sealed rented box like a safe deposit box, is not a bailment, and the holder is not a bailee since he cannot handle or control the goods. (See: bailment, bailor)



BAILEE, contracts. One to whom goods are bailed.
     2. His duties are to act in good faith he is bound to use extraordinary diligence in those contracts or bailments, where he alone receives the benefit, as in loans; he must observe ordinary diligence of those bailments, which are beneficial to both parties, as hiring; and he will be responsible for gross negligence in those bailments which are only for the benefit of the bailor, is deposit and mandate. Story's Bailm. Sec. 17, 18, 19. He is bound to return the property as soon as the purpose for which it was bailed shall have been accomplished.
     3. He has generally a right to retain and use the thing bailed, according to the contract, until the object of the bailment shall have been accomplished.
     4. A bailee with a mere naked authority, having a right to remuneration for his trouble, but coupled with no other interest, may support trespass for any injury, amounting to a trespass, done while he was in the actual possession of the thing. 4 Bouv. Inst. n. 3608.

References in periodicals archive ?
Having regard to all these matters, the primary judge was entitled to come to the conclusion that MX had discharged its duty as an involuntary bailee.
Modern treatment of the legal responsibilities of an involuntary bailee is not entirely clear-cut.
If a bailment exists, the bailee is expected to return the goods at the end of the bailment period or otherwise comply with directions from the bailor.
The bailee thereby breached the bailment agreement and will be liable to the first hotel/bailor for the value of the vehicle.
The claimants alleged that the conclusion of the Peace Treaty between the Allies and Hungary in 1947, and in particular the provision in the treaty demanding the reversal of all racially- or religiously-motivated arrogations of property perpetrated since 1st September 1939, cast Hungary and the holding institutions in the position of bailees of their chattels.
109) Toren alleges that the defendants occupy toward him the status of bailees under an "express, implied-in-fact, or constructive bailment".
The Court held that the police had acted correctly and it confirmed that there was no breach of the obligations they owed to Ngan as bailees of necessity.
This question might be approached along two routes, which are themselves interlinked: can the possessor be treated as equivalent to a finder of goods, with the duties that follow from that relationship, or might the possessor alternatively be cast as a constructive bailee, owing equivalent duties on that ground?
This characterisation of a bailment action is not revolutionary: the idea of a claim in bailment as a sui generis cause of action arising out of the possession had by the bailee of the goods is recognised, for example in Halsbury's Laws of England (24) and in Palmer on Bailment.
The Claimant started from the proposition that a bailee has no right to make reasonable inquiries as to title where the immediate claimant is the bailor of the possessor, at least in the absence of a positive demand from a third party.
He cited with apparent approval the argument in the leading text book (4) that, while a possessor who is wholly and blamelessly unaware of the fact that goods in his possession belong to another should not be liable for intentionally destroying those goods, a possessor who should reasonably have been alerted by the condition of the goods, or the circumstances of his reception of them, to the fact that they were not his own should be characterised not as a mere 'unconscious' bailee but as an informed and involuntary bailee, thus owing a duty not wilfully to destroy the goods, save in exceptional circumstances.
Though the arguments from principle do not point in a single direction, the authorities indicate on balance that "a bailee should have a reasonable opportunity to protect himself from a claim by the rightful owner" The judge also agreed that there were substantial matters that might have caused SF to doubt Spencer's title (and his story at large).