See also:

• BAILMENT (from Fr. bailler, to place in charge of, cf. BAIL)

BAILMENT (from Fr. bailler, to See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place in See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of, cf. See also:

• BAIL

BAIL)  , in See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, a delivery of goods from one See also:

• PERSON, OFFENCES AGAINST THE

person called the bailor, to another person called the bailee, for some purpose, upon a See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract, See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express or implied, that after the purpose has been fulfilled they shall be redelivered to the bailor, or otherwise dealt with according to his direction, or kept till he reclaims them . The following is See also:

• CHIEF (from Fr. chef, head, Lat. caput)

Chief See also:

• JUSTICE (Lat. justitia)

Justice See also:

• HOLT, SIR JOHN (1642–1710)

Holt's See also:

• CLASSIFICATION (Lat. classis, a class, probably from the root cal-, cla-, as in Gr. icaMce, clamor)

classification of bailments in Coggs v . See also:

• BERNARD, CHARLES DE
• BERNARD, CLAUDE (1813-1878)
• BERNARD, JACQUES (1658--1718)
• BERNARD, MOUNTAGUE (1S2o—1882)
• BERNARD, SAINT
• BERNARD, SAINT (Iogo-1153)
• BERNARD, SIMON (1779—1839)
• BERNARD, SIR THOMAS, BART

Bernard, 1704, I Sm . L.C . 167, which is generally adopted . (1) Depositum, or See also:

• BAILMENT (from Fr. bailler, to place in charge of, cf. BAIL)

bailment without See also:

• REWARD

reward, in See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order that the bailee may keep the goods for the bailor . In this See also:

• CASE
• CASE, JOHN (d. 1600)

case, the bailee has no right to use the thing entrusted to him, and is liable for See also:

• GROSS

gross See also:

• NEGLIGENCE (Lat. negligentia, from negligere, to neglect, literally " not to pick up ")

negligence, but not for See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary negligence . Thus, where a customer had deposited some securities with his banker (who received nothing for his services) and they were stolen by a See also:

• CASHIER

cashier, it was held that as there was no See also:

• PROOF (in M. Eng. preove, proeve, preve, &°c., from O. Fr . prueve, proeve, &c., mod. preuve, Late. Lat. proba, probate, to prove, to test the goodness of anything, probus, good)

proof of gross negligence the banker was not liable (Giblin v . McMullen, 1868, L.R . 2 P.C . 317) . (2) Commodatum, or See also:

• LOAN (adapted from the Scandinavian form of a word common to Teutonic languages, cf. Swed. Mn, Icel. lan, Dut. leen; the O.E. laen appears in " lend," the ultimate source is seen in the root of Gr. Xeiaecv and Lat. linquere, to leave)

loan, where goods or chattels that are useful are See also:

• LENT (0. Eng. lenclen, " spring," M. Eng. lenten, lente, lent; cf. Dut. lente, Ger. Lenz, " spring," 0. H. Ger. lenzin, lengizin, lenzo, probably from the same root as " long " and referring to " the lengthening days ")

lent to the bailee gratis, to be used by him .

The bailee may be justly considered as representing himself to the bailor to be a person of competent skill to take care of the thing lent (See also:

• WILSON, ALEXANDER (1766-1813)
• WILSON, HENRY (1812–1875)
• WILSON, HORACE HAYMAN (1786–1860)
• WILSON, JAMES (1742—1798)
• WILSON, JAMES (1835— )
• WILSON, JAMES HARRISON (1837– )
• WILSON, JOHN (1627-1696)
• WILSON, JOHN (178 1854)
• WILSON, ROBERT (d. 1600)
• WILSON, SIR DANIEL (1816–1892)
• WILSON, SIR ROBERT THOMAS (1777—1849)
• WILSON, SIR WILLIAM JAMES ERASMUS
• WILSON, THOMAS (1663-1755)
• WILSON, THOMAS (c. 1525-1581)
• WILSON, WOODROW (1856— )

Wilson v . Brett, 1843, II M . & W . 113), and the transaction being a gratuitous loan, and one for the See also:

• ADVANTAGE

advantage of the bailee solely, he is See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to use See also:

• GREAT

great See also:

• DILIGENCE

diligence in the See also:

• PROTECTION

protection of the thing bailed and will be responsible even for slight negligence . Thus, where a See also:

• HORSE (a word common to Teutonic languages in such forms as hors, hros, ros; cf. the Ger. ross)

horse was lent to the See also:

• DEFENDANT

defendant to ride, it was held that it did not See also:

• WARRANT (Med. Lat. warantum; O. Fr. garant, warant, derived from O.H.G. root represented in modern German bygewdhren)

warrant him in allowing his servant to do so (Bringlee v . Morriee, 1676, r Mod . 21o) . But where a hbrse was for See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale and the vendor allowed the defendant to have the horse for the purpose of trying it, it was held that he had a right to allow a competent person upon the horse to try it (Camoys v . Scurr, 184o, 9 C . & P . 383): (3) Locatio rei, or lending for hire . In the case of See also:

• HIRING (from O. Eng. hyrian, a word common to many Teutonic languages cf. Ger. heuern, Dutch huren, &c.)

hiring the bailee is bound to use such diligence as a prudent See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man would exercise towards his own See also:

• PROPERTY

property .

Thus, where the defendant hired a horse, and it having fallen See also:

• ILL

ill, prescribed for it himself instead of calling in a veterinary surgeon, be was held liable for the loss (See also:

• DEAN (Lat. decanus, derived from the Gr. 8eaa, ten)
• DEAN, FOREST OF

Dean v . See also:

• KEATS, JOHN (1795-1821)

Keats, 1811, 3 See also:

• CAMP (from Lat. campus, field)

Camp . 4) . (4) Vadium, See also:

• PAWN

pawn or See also:

• PLEDGE

pledge; a bailment of See also:

• PERSONAL

personal property as a See also:

• SECURITY (Lat. securus, free from care, safe)

security for a See also:

• DEBT (Lat. debitum, a thing owed)

debt . In this case the pledgee is bound to use ordinary diligence in guarding the thing pledged . (5) Locatio operis faciendi, where goods are delivered to be carried, or some-thing is to be done about them for a reward to be paid to the bailee . In this case, the bailee is bound to use ordinary diligence in preserving the property entrusted to him . (6) Mandatum, a delivery of goods to somebody, who is to carry them, or do something about them gratis . The liabilities of a mandatory and of a depository are exactly the same ; neither is liable for anything See also:

• SHORT, FRANCIS JOB (1857– )

short of gross negligence . See further under See also:

• BANKS, GEORGE LINNAEUS (1821-1881)
• BANKS, NATHANIEL PRENTISS (1816–1894)
• BANKS, SIR JOSEPH
• BANKS, THOMAS (1735-1805)

BANKS AND BANKING; See also:

• CARRIER
• CARRIER, JEAN BAPTISTE (1956-1794)

CARRIER; DILIGENCE; See also:

• FACTOR (from Lat. facere, to make or do)

FACTOR; HIRING; INNS AND INNKEEPERS; See also:

• LIEN

LIEN; NEGLIGENCE; PLEDGE; See also:

• PAWNBROKING (O. Fr. pan, pledge, piece, from Lat. pannus; for " broking " see BROKER)

PAWNBROKING; See also:

• PRINCIPAL

PRINCIPAL AND See also:

• AGENT (from Lat. agere, to act)

AGENT, &C .