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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 ?
(109) Toren alleges that the defendants occupy toward him the status of bailees under an "express, implied-in-fact, or constructive bailment".
(a) the defendant governments never intended to take ownership of the artworks" but instead "hold the artworks as bailees", having "stated that they intend to keep custody of the artworks until they determine, and return, the works to their true owners." (110)
In the Toren case the interval between the taking of possession and the demand for delivery up was so short that it might be unrealistic to allege that the authorities became bailees at an earlier time than the claimant's demand.
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?
At common law the unauthorised delegation or divestment of possession by a bailee is a deviation from the bailment, which would ordinarily cause the bailor's immediate right of possession to revive, would ordinarily render the bailee an insurer of the goods and might even constitute a conversion in itself.
Again it seems strange to restrict the notion of a repudiatory breach of bailment to situations where the bailee has carried out a 'purported sale or other disposition' of the goods at variance with the bailee's recognition of the bailor's ownership.
In SF's favour, the judge agreed that there was no absolute prohibition on a bailee's exercising a right to detain and investigate the provenance of objects where doubts arise about the bailor's title.
She cited this as a supplementary reason for not allowing the particular bailee to invoke Clayton v Leroy.
Acceptance of possession by the bailee. The bailee must knowingly accept possession of the bailed property.
Part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor.
It follows from the existence of the legal relationship of bailor and bailee as a matter of general principle of the law of bailment ...
Mr and Mrs Da Rocha also submitted that there was no clear separating line in some cases between an involuntary bailee and a gratuitous bailee.