In truth however such bailments are rarely loans in the literal sense and bear only the faintest resemblance to Holt C.J.'s homely description of commodatum, (33) Both parties derive an advantage from the bailment, and their respective undertakings are normally embodied in a contract which is amply documented and supported by consideration.
(33) Other situations might however give rise to commodatum. For a discovery of commodatum on highly unusual facts see the decision of the Court of Appel of Sri Lanka in Dhammadasi Them v.
Coggs is of course a long way from the converse situation of commodatum
, or loan for use, where goods are lent for the benefit of the bailee, rather than stored for the benefit of the bailor.
There are four kinds of "unnamed" or generic contracts: "I give that you may give"; "I give that you may do"; "I do that you may pay"; "I do that you may do." A named contract is one that has a special proper name by which it is distinguished from any other: purchase, sale, loan (mutuum), hire, association (partnership), accommodation (commodatum
), pledge or mortgage, deposit, and so forth.
Nor is it what is called Commodatum
, or renting or leasing.
Thus, money may be given by way of many contracts: by way of price for a purchased good; by way of merchandise sold for another money; by way of innominate contract of barter or other, exchanging it for something else or for money; by way of lending called Mutuum, when something else is given back and not the same thing; by way of lending called Commodatum
, in order to get back the same thing given; by way of security for what is owed; and by way of rental of a sum so that the same amount that was given is returned, after the person who borrows it takes advantage of its use, by showing his riches, or enjoying its presence, or using its broth, or giving it as security, and so forth.