Vietnam or Thailand ? Vote for the TOP Country of the Week !
Updated: May 12, 2025
On the second argument, it was again maintained for the plaintiff that the defendant was liable "at the common law on the general bailment," citing Southcote's Case, and also that, by the Roman and maritime law, he was liable as a public carrier and master of a ship. The opinion of the court was delivered by Chief Justice Hale.
"And as the bailment was for your advantage, as well as theirs, you ought not to have taken possession of the property again, until a fair opportunity had been afforded to accomplish the purpose of the bailment, that is, the collection of a cabinet by the society. So, you see, you fell into the same fault in respect to the society, that Henry did in regard to you in the case of the dipper."
If it is for the benefit of the bailor, that is, the boy who intrusts it, then he can't require the other to pay for it, unless he was grossly negligent. And if it was for the common benefit of both, then if the bailee takes what may be called good care of it, he is not liable to pay; if he does not take good care, he is." Here ended the lecture on the law of bailment.
He then told them to proceed. Rollo first told the whole story, closing his statement by saying, "And so I let him have my fish; and that was a bailment, and it was not for my benefit, but his, and so he ought to have taken very especial care of it. But he did not, and lost it, and so he ought to pay." "But we maintain," said Mary, "that the fish was not bailed to Henry at all.
I shall try to show that both these notions are wrong, that this strict responsibility is a fragmentary survival from the general law of bailment which I have just explained; the modifications which the old law has undergone were due in part to a confusion of ideas which came the displacement of detinue by the action on the case, in part to conceptions of public policy which were read into the precedents by Lord Holt, and in part to still later conceptions of policy which have been read into the reasonings of Lord Holt by later judges.
The defendant confessed the delivery, and set up he was robbed of the goods by J.S. "And, after argument at the bar, Gawdy and Clench, ceteris absentibus, held that the plaintiff ought to recover, because it was not a special bailment; that the defendant accepted them to keep as his proper goods, and not otherwise; but it is a delivery, which chargeth him to keep them at his peril.
"I think that Rollo's giving Henry the dipper, with the fish in it, was clearly a bailment of the fish; that is, it was an intrusting of his property to Henry's care. It is clear also that Henry took pretty good care of it. He tried to avoid losing it. He took as much care of it, perhaps, as he would have done of a fish of his own. Still, he did not take very extraordinary or special care of it.
"Rollo," said her father. "Rollo!" exclaimed several voices. "Yes," replied Rollo's father. "There is a principle in the law of bailment which I did not explain to you the other day.
I now proceed to the discussion for the sake of which an account of the law of bailment was introduced, and to which an understanding of that part of the law is a necessary preliminary. POSSESSION is a conception which is only less important than contract. But the interest attaching to the theory of possession does not stop with its practical importance in the body of English law.
If damage had been done or occasioned by the act or omission of the defendant in the pursuit of some of the more common callings, such as that of a farrier, it seems that the action could be maintained, without laying an assumpsit, on the allegation that he was a "common" farrier. /1/ The latter principle was also wholly independent of bailment.
Word Of The Day
Others Looking