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When the Bailee Is Bound by the Bailment


WHEN THE BAILEE IS BOUND BY THE BAILMENT. A person is not to be bound as a bailee of property which has come into his possession until he has notice of such possession; and there can be no bailment until there is something to show bailment knowledge and intent to assume the possession of the goods. That is, the bailee is not bound until he has accepted.

But the acceptance by the bailee may be express or implied; thus the intention on the part of the bailee to accept the charge of the property in bailment may be by his express and open assent, or it may be inferred from his knowingly assuming the possession and con trol of the property, technically called constructive ac ceptance. Thus, where property comes into one's pos session without his knowledge, as where goods are placed in a person's wagon by mistake, such person is in no sense a bailee until he learns of the possession; upon learning of ibis possession of the goods, public policy imposes upon him the obligation to use good faith in preserving them, and he is made a constructive bailee. The bailment which thus arises is sometimes called a "quasi bailment," public policy imposing upon the quasi bailee the duty to deal with such property in good faith, and makes him liable for bad faith or gross neglect thereto; other examples of quasi bailees are, finders of lost g-oods, and revenue or court officers who have property belonging to others left in their hands.

property and possession