Source: All England Reporter
Publisher Citation: [2001] All ER (D) 174 (Feb)
Court: Court of Appeal, Civil Division

Tuckey, Dyson LJJ and Sir Ronald Waterhouse

Representation Marc Rivalland (instructed by Gotelee & Goldsmith, Ipswich) for the claimant.
  Professor Norman Palmer and Mark Trafford (instructed by P N Heriz-Jones) for the defendant.
Judgment Dates: 15 February 2001


Bailment - Gratuitous bailment - Liability of bailee - Defendant delivering goods on pallets - Whether defendant liable for return of pallets upon delivery of goods to customer - Standard of care to be applied by bailee.

The Case

A bailee's duties would cease when he had redelivered the goods to the bailor or to any other person to whom he had agreed to redeliver them. In the instant case, the defendant had not owed a duty in respect of the pallets once they had been delivered to customers and such a duty could only have been imposed by contract. Moreover, the judge had set the requisite standard of care for a bailee too high.

Practice Areas

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