Nature of Bailment A bailment arises where goods belonging to one person are delivered into the custody of another for some period or purpose. One party holds another person’s goods / personal property with the former’s consent, whether express or implied. Bailment includes, hire, letting and hire purchase as well as the lending and safekeeping of goods. It covers matters […]
Nature of Bailor and Bailee’s Rights The bailor continues to be the owner of the goods, despite the transfer of possession. He may sue to recover the goods against a third person for conversion. He can also sue for damage caused to the goods by a third party. The bailee has a so-called “special property” in the goods. The nature […]
Sub-Bailment or New Bailment If the person who holds goods bails them or gives them to a third party, then there may be a sub-bailment or a new substituted bailment. If the new bailee is intended to be a subordinate instead of a substitute, the original bailee continues as such; this is a sub-bailment. This may or may not be […]
Hire of Movables The hire of movables covers many different types of transactions and arrangements. They may range from the long-term leasing of major items of capital equipment to a short term hiring of consumer goods and equipment. The hire or leasing may range from a whole of life transaction equivalent to a purchase in economic terms to a short-term […]
Consumer Hire and Hire Purchase Goods and equipment may be let and hired. Hiring is a type of bailment for reward, and the common law provisions apply, subject to legislative modifications. The ordinary rules for the formation of a contract and its avoidance by fraud, mistake, misrepresentation, incapacity etc. apply to hire purchase contracts. Consumer hire, leasing and hire purchase […]
Interests in Goods It is possible for there to be multiple equitable co-owners of goods. Persons may be legal joint owners, but equitable co-owners. The principles in relation to joint ownership and tenancy in common in respect of goods are broadly similar to those for land. The legal and equitable rules differ slightly.The equitable co-ownership prevails as between the co-owners. […]
Conformity with the Hire Purchase Agreement Were a hire-purchase agreement is concluded between an owner and a hirer, the owner is required to deliver goods to the hirer that are in conformity with the agreement at the relevant time and comply with the requirements following Where they are not in conformity, the hirer will have the right to remedies specified. […]
Right to Remedies Where the goods are not in conformity with the hire-purchase agreement at the relevant time, the hirer can exercise the short-term right to terminate the agreement or has the right to have the goods brought into conformity through repair or replacement. The hirer may choose between the remedies of repair and replacement of the goods unless the […]