bailor

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Bailor

One who places control over or possession of Personal Property in the hands of another, a bailee, for its care, safekeeping, or use, in accordance to the terms of a mutual agreement.

Cross-references

Bailment.

bailor

n. a person who leaves goods in the custody of another, usually under a "contract of bailment", in which the custodian ("bailee") is responsible for the safekeeping and return of the property. Sometimes the bailor is not the owner but a person who is a servant of the owner or a finder (say, of jewelry) who places the goods with the bailee until the owner is found. (See: bailee, bailment)

bailor

see BAILMENT.

BAILOR, contracts. He who bails a thing to another.
     2. The bailor must act with good faith towards the bailee; Story's Bailm. Sec. 74, 76, 77; permit him to enjoy the thing bailed according to contract; and, in some bailments, as hiring, warrant the title and possession of the thing hired, and probably, to keep it in suitable order and repair for the purpose of the bailment. Id. Sec. Vide Inst. lib. 3, tit. 25.

References in periodicals archive ?
A bailment for the sole benefit of the bailor exists when the bailee receives no benefit from the bailment.
In a bailment such as this, entered for the sole benefit of the bailor, the bailee is obligated to exercise only a slight degree of care over the bailed goods.
A bailment for the sole benefit of the bailee exists where the bailor lends property to the bailee and receives nothing in return.
The difference in the duty owed in a mutual-benefit bailment and a bailment for the sole benefit of the bailor is illustrated in Case Example 8-10.
In a mutual-benefit bailment, the bailor has responsibilities as well as the bailee.
The court held that the lessor, by failing to disclose the freezer's defects, breached its duty as bailor.
xi) In special circumstances breach of bailment may also consist of the bailee's failure to seek out the owner and return the goods to him/her in circumstances where the bailor is not in a position to claim them directly.
xii) The custodial bailee may owe fiduciary duties, such as a duty to account for any unconsented profit derived from the relationship or the duty to avoid a conflict of interest between bailor and bailee.
xv) In many respects (for example an alleged breach of the duty of care) the bailee carries the burden of showing that he/she has discharged the relevant obligation rather than being entitled to call on the bailor to prove the breach.
Under such an arrangement the bailee is granted the use and enjoyment of the work in return for some benefit to the bailor which, under the English law of chattel hiring, need not be financial.
A museum that did publish the claimant's name as one of the lenders might be thought to be conceding the point at issue, and would certainly incur the displeasure of the immediate bailor, although this would not necessarily forfeit the immunity.
Quaere whether this conclusion might be displaced where the bailor is deemed to warrant his/her title in support of the lien.