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 — Part

I.

Definition and Classification,

525

its name from the old French deliver or put into the hands of), the actual or constructive possession of a specilic chattel must be transferred by its owner or possessor (the bailor), or his agent duly authorised for that purpose, to another person (the bailee) in order that the latter may perform some act in connection therewith, for which such

contract of bailment (which derives

word

hailler, to

actual or constructive possession of

the chattel

is

necessary

Part

I.

Definition

and Classification.

(d).

No branch of our jurisprudence is more largely founded on the Eoman law than that which relates to bailment, and for this reason the works of great foreign jurists belonging to countries whose laws are based on those of Rome, and especially of Pothier and Domat, are often cited as more or less authoritative.

1072. At one period in the

juridical history of this country, the Classification, nature of this contract and the law relating thereto were alike indeterminate, but in the year 1704 the judgment of Lord Holt in the case of Coggs v. Bernard (e) was so clear and authoritative a pronouncement of the general principles governing it, that all subsequent inquiries have related rather to the application of particular rules to particular cases, than to any fresh declaration of the law respecting the actual nature of the contract or the Lord Holt in Lord Holt, character of the obligation resulting therefrom. his judgment stated the law of England very much as it is to be found in the Digest and Institutes of Justinian (/), using, with slight variations, the terminology there given to describe the These he divided into six classes, different kinds of bailments. which were reduced to five by Sir William Jones (^). Story con- Sir W.Jones, sidered that they might be reduced to three (h), while Chancellor Kent adhered to the system of Sir William Jones (i).

exact

The five classes are as follows: (1) depositum, or the de'posit oi Five classes a chattel with the bailee, who is simply to keep it for the bailor bailment, without reward (2) mandatum, where the bailee has, without reward, to do something for the bailor to or with the chattel bailed commodatum, where the bailor, without recompense, lends (3) a chattel to the bailee for him to use (4) pignus, sometimes called vadium, or pawn, where the bailee holds the chattel confided to him as a security for a loan or debt, or the fulfilment of an obligation and (5) locatio conductio, where chattels or services are hired for reward. Some of these five classes are generally subdivided, especially locatio or hiring, of which there are four sorts (2) locatio operis (1) locatio rei,- the hiring of a chattel for use faciendi, the hiring of a man's work or labour on or with regard to a chattel (3) locatio custodies, the hiring of services in and about the













(d) (e)

South Australian Insurance Co. v. Eandell (1869), L. R. 3 P. C. 101. 2 Ld. Raym. 909, 1 Sm. L. C, lllh ed., 173.

(/) Inst. lib. 3, tit. 14, 24. (g) Jones on Bailments, 1st ed. p. 36. (h) Story on Bailments, c. 1, s. 3, where he divides bailments into the following classes (1) those in which the trust is exclusively for the benefit of the bailor or of a third person (2) those in which the trust is exclusively for the benefit and (3) those in which the trust is for the benefit of both parties of the bailee or of both or one of them and a third party. Story in his treatise nevertheless adheres to Sir William Jones's classification. (i) 2 Kent's Com., Part V., s. 559.

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