Bailee
From Supply Chain Management Encyclopedia
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| - | A person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership | + | A person or party to whom goods are delivered for a purpose, such as further transportation, custody or repair, without transfer of ownership.In the ordinary bailment, the relationship is arms-length. The bailor has no control over the bailee or the handling of the bailed property. The bailee is an independent party not subservient to the bailor. The bailee is not a fiduciary and owes neither loyalty nor obedience to the bailor. It is in business for itself dealing with a customer and in many cases has interests antagonistic to those of the bailor. The parties do not contemplate that the bailee has power to bind the bailor. In brief, the bailee is a fully independent contractor; it is not an agent.<ref> The concept of bailment generally - http://www.lawteacher.net/criminal-law/essays/the-concept-of-bailment-generally.php -= accessed 05/13/2012 </ref> |
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Revision as of 06:46, 13 July 2012
A person or party to whom goods are delivered for a purpose, such as further transportation, custody or repair, without transfer of ownership.In the ordinary bailment, the relationship is arms-length. The bailor has no control over the bailee or the handling of the bailed property. The bailee is an independent party not subservient to the bailor. The bailee is not a fiduciary and owes neither loyalty nor obedience to the bailor. It is in business for itself dealing with a customer and in many cases has interests antagonistic to those of the bailor. The parties do not contemplate that the bailee has power to bind the bailor. In brief, the bailee is a fully independent contractor; it is not an agent.[1]
References
- ↑ The concept of bailment generally - http://www.lawteacher.net/criminal-law/essays/the-concept-of-bailment-generally.php -= accessed 05/13/2012
