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Who May Make a Bailment or Become a Bailee

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WHO MAY MAKE A BAILMENT OR BECOME A BAILEE. We have seen that a con tract, express or implied, is the basis of every bailment, and it necessarily follows that persons who are unable by reason of some legal disability or incapacity to make a valid contract, may be unable to make a bailment of property or to become liable on the contract as bailees, as infants, insane persons, and, formerly, married women.

But it is also to be borne in mind that in bailments there are certain duties imposed by law which are in dependent of contract, and these duties must be per formed though the person is incompetent to contract, and for failure to do so he becomes liable in tort for the wrong or negligence from which injury has resulted to the other party, though he could not be bound for a breach of contract.

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