Understanding Bailment and Bailment at Will

What is bailment?

Bailment is an arrangement whereby the physical custody of personal property is transferred by one person (the bailor) to another (the bailee) for a specific reason and period.

Bailment is a legal relationship in which one person (the bailor) gives possession of personal property to another person (the bailee) for a specific purpose. The bailor retains legal ownership of the property while the bailee has possession and control over it.

Common examples of bailment include leaving your car at a mechanic for repairs, storing your belongings in a locker at a gym, or giving your jewelry to a pawn shop for safekeeping. In each case, the bailor entrusts their property to the bailee, who is responsible for keeping it safe until it is returned or the purpose of the bailment is fulfilled.

What is Bailment at Will?

A bailment that is not for a fixed term or does not end with the completion of the objective is known as a bailment at will.

Bailment at Will refers to a situation where there is no specific duration or purpose stated for the bailment. In this type of bailment, either the bailor or the bailee can terminate the arrangement at any time without having to wait for a specific period to expire.

For example, if you lend your lawnmower to a neighbor with no specific time frame or purpose in mind, it would be considered a bailment at will. The neighbor can return the lawnmower at any time, and you can ask for it back whenever you need it without waiting for a specific end date.

What is a bailee?

A bailee is someone who has custody of someone else's property and is responsible for its care and return.

Bailee is the person who receives possession of someone else's property in a bailment agreement. The bailee has a duty to take care of the property and return it to the bailor in the same condition as when it was received.

When someone entrusts their property to a bailee, they expect that the bailee will safeguard their belongings and use reasonable care in handling them. A bailee's responsibility includes protecting the property from loss, damage, or theft while it is under their control.