Related topics

Bailee, Burden of Proof


Common Carrier, Liability of Shipowner as

Contract, Liabilities for Breach

Law and Sea.
Liability and limitation of liability of common carriers

… originally, duties of the common carriers were simply those of bailees in general, coupled with the liabilities attached to the exercise of a public calling and were not peculiar to common carriers only but were regarded as the custom of law of common hoymen, or lightermen, etc., according to the business of the party concerned.

Bailee, Liabilities for Damage
Last updated: 28-Nov-2015

Per Grove J in Lilley v Doubleday (1881) 7 QBD 510 at p. 511:

The defendant was entrusted with the goods for a particular purpose and to keep them in a particular place. He took them to another, and must be responsible for what took place there. The only exception I see to this general rule is where the destruction of the goods must take place as inevitably at one place as at the other. If a bailee elects to deal with the property entrusted to him in a way not authorised by the bailor, he takes upon himself the risks of so doing, except where the risk is independent of his acts and inherent in the property itself. That proposition is fully supported by the case of Davis v Garrett (1830) 6 Bing 716, which contains very little that is not applicable to this case…

Leave your comments

Form by