CHAPTER LXX.

THE LAW OF BAILMENT.

1. BAILMENT is the delivery of property by one person to another person, in trust for some special purpose. There is a contract, express or implied, to conform to the purposes of the trust. The person delivering the property, is the bailor. The person to whom the property is delivered, is the bailee. Bailment is usually divided into five classes. The first class of bailment is the simple de-livery of goods by the bailor to the bailee, to be kept by the bailee, and returned to the bailor without recompense. If the bailor deposit or leave in the care of the bailee his watch or his money, for safe-keeping, to be kept by the bailee without reward, and to be returned to the bailor when called for, such transaction would come under this class. It is generally designated in our law-books by the Latin word depositum-translated, deposit.

2. The second class of bailment is where the bailor delivers goods to the bailee, and the bailee, without reward, undertakes to carry them, or to do some other act with them. This class does not differ materially from the first class. The duties and liabilities arising out of both are nearly the same. This class is distinguished in our lawbooks by the Latin word mandatum-translated, a commission without reward. The third class of bailment is

1. What is bailment? What is the purport of the contract of bailment? What is the person delivering the property called? The person to whom the property is delivered? Into how many classes is bailment divided? What is the first class? If a bailor leave with the bailee his watch or his money for safe-keeping, to be kept by the bailee without reward? By what term is it generally designated in our lawbooks?

2. What is the second class of bailment? Does this class differ ma terially from the first class? What are the same in both? By what

where the bailor delivers property to the bailee, to be used by the bailee, without charge, for a certain time, and then returned to the bailor; as when the bailor loans his horse and carriage to the bailee, to go to a certain place and return, without paying any thing for the use thereof. This class of bailment is called commodatum, an accommodation.

3. The fourth class of bailment is where the bailor delivers property to the bailee in pledge for the payment of a debt, in the nature of a collateral security. This class of bailment is called pignori acceptum-translated, received in pledge. The fifth class of bailment is where the bailor delivers property to the bailee for some special purpose of service, for which a reward is to be paid by the bailor or by the bailee. If the bailor let his horse and carriage to the bailee, to go a certain journey, the bailee pays a reward for the use of the horse and carriage. If the bailor deliver goods to the bailee, to be stored by the bailee, the bailor pays a reward for the storage. If the bailor deliver cloth to a bailee, who is a tailor, to have some labor and services performed upon the cloth, the bailor pays a reward for such labor and services rendered. If the bailor deliver goods to the bailee for transportation from one place to another, the bailor pays to the bailee a reward for such services, including the insurance of such goods against accident until they arrive at their place of destination.

4. The degree of care and diligence on the part of the bailee in conforming to the objects of the trust, is materially varied by the consideration received. Care and dili

term designated? What is the third class of bailment? Give an example. What is this class of bailment called?

If

3. What is the fourth class of bailment ? What is this class of bailment called? What is the fifth class of bailment? If the bailor det his horse and carriage to the bailee, to go a certain journey? the bailor deliver goods to the bailee to be stored? If the bailor deliver to the bailee cloth, to have some labor or service performed upon the same? If the bailor deliver goods to the bailee for transporta. tion?

4. By what is the degree of care and diligence, on the part of the

gence is ordinary or extraordinary. Negligence is slight or gross.

Ordinary care and diligence is that which every person of common prudence, and capable of governing a family, exercises in his own affairs.

Extraordinary care and diligence is that which the most circumspect and thoughtful persons use in securing their own goods and chattels.

Slight negligence is the want of extraordinary diligence. Gross negligence is the want of ordinary diligence.

The question whether the bailee has exercised due diligence, or is guilty of negligence, is always a question to be decided by the jury on the evidence produced before them. In the first two classes of bailment the bailor receives all the benefit, and the bailee receives no reward, but the bailee is required to use ordinary care and diligence in performing the services he undertakes. If he does not, he is guilty of gross negligence, and liable for any loss sustained. The bailee is not bound by any agreement to undertake such trust as comes within the first and second classes of bailment, at a future time; but if he receives the goods into his custody, he assumes the responsibility of executing the trust according to the terms of his agreement.

5. In the third class of bailment, the bailee receives all the benefit, and the bailor receives no reward for the use of his property. In this case the bailee is required to exercise extraordinary care and diligence, and he is respon

bailee, to be varied? What two classes of care? What two classes of negligence? What is ordinary care and diligence? What is extraordinary care and diligence? What is slight negligence? What is gross negligence? By whom is the question, whether the bailee has exercised due diligence, to be decided? On what? In the first two classes of bailment, who receives the benefit? What degree of care and diligence must the bailee, in this case, use? If he does not, of what is he guilty? For what is he liable? Is the bailee bound by an agreement to undertake such trust at a future time? If he receives the goods into his custody, what does he assume?

5. Who receives the benefit in the third class of bailment? Does the bailor receive any reward? What class of diligence is the bailee, in this case, required to exercise? For what is he responsible? If he use the

sible for all damages, if guilty of slight negligence. If he uses the property for any other purpose than that for which it was borrowed, he is liable for all accidents which happen to it, and for the hire thereof. In the fourth and fifth classes of bailment the benefit is mutual. The bailee is required to use ordinary diligence only in these cases, except the bailment of goods for transportation, in which case he is an insurer, as well as the bailee. When the bailor lets his horse and carriage to the bailee for a journey, the bailee is responsible for gross negligence. If the bailor deposit his goods with the bailee on storage, the bailee is required to exercise ordinary care and diligence. in the protection and preservation of the property, and is responsible for gross negligence.

6. If the bailor leave cloth with the bailee to be made into clothes, or if logs be left with the bailee to be sawed into boards, the bailee is liable for gross negligence. In these cases there is an implied contract that the work shall be done in a workmanlike manner. The bailee of goods received for transportation is liable for all losses, except the losses caused-1. By inevitable accident; 2. By public enemies; 3. By the bailor himself.

7. All persons who are competent to make other contracts may become parties to the contract of bailment. If goods be delivered to an infant bailee, although there is no contract of bailment, as in the case of adults, yet if he injure the property by some act of fraud or violence he is responsible. If a person be of unsound mind, this disability must be established by evidence. If a person find

property for another purpose than that for which it was borrowed? In the fourth and fifth classes of bailment, where is the benefit? What degree of care and diligence is the bailee required to use? If he be a bailee for transportation? When the bailor lets his horse to the bailee for a journey, for what is the bailee responsible? If the bailor deposit his goods with the bailee on storage?

6. If the bailor leave cloth with the bailee, for what is the bailee responsible? In this case, what implied contract is there? For what is the bailee of goods received for transportation liable?

7. Who are competent to make the contract of bailment? If goods be delivered to an infant, and the infant injures the property by some act

an article, and take it into his possession, he becomes a bailee, so as to render himself responsible for gross negligence.

8. In every contract there must be a good consideration. The consideration must be either a benefit to the party promising, or some trouble or prejudice to the party to whom the promise is made. When the bailor deposits with or intrusts his property in the hands of the bailee, to be held or carried without reward, the law raises the presumption of a sufficient consideration for his faithful discharge of the trust. When money is deposited in the bank in the ordinary course of business, it does not create a contract of bailment.

9. When the question is submitted to the jury, whether the bailee has used ordinary care and diligence in the preservation of the property, they would require stronger proof where the bailor pays for the storage, than where the bailee has received and taken care of the goods without reward. The fact that the bailee receives a reward binds him to a diligence beyond that of a bailee without reward. The bailee who is a borrower, and receives the use of a chattel without rendering any compensation for it, is bound to use the highest possible degree of care and diligence.

10. The rule that ordinary diligence in the care and protection of the property intrusted to the bailee is required in all cases, is fixed and immutable, but the subject mat

of fraud or violence? If a person be of unsound mind? If a person find an article?

8. What must exist in every contract? What must the consideration be? When the bailment comes within the first and second classes, what is the consideration? When money is deposited in a bank for safe-keeping, does this create a contract of bailment ?

9. When the question is submitted to the jury, whether the bailee has used ordinary care and diligence in the preservation of property, what degree of proof will they require in case of storage, as compared with the receipt of goods without reward? What effect does receiving the reward have? What effect does receiving property for use without pay have?

10. Is ordinary diligence required in all cases of bailment, on the part of the bailee? Is the subject-matter upon which the rule acts, the same