THE BAILMENT CONTRACT. The bailment contract may be express or implied. When the contract is express its terms govern, subject to cer tain restrictions which the law imposes upon special bailees, restraining them from contracting against the consequences of their own negligence, a subject to be discussed later on.
Where there is no contract between the parties the law steps in and makes a contract to govern the sit uation in which they have placed themselves. Thus, the law imposes upon the bailee the implied obligation to execute the bailment purpose with care and skill. Just what degree of care and skill will be required of any particular bailee will be considered hereafter; gen erally speaking, it depends upon the nature of the bail ment, and the degree of skill which the occupation of the bailee requires of him.