The document discusses the legal concept of bailment through various cases. Some key points:
- Bailment involves the delivery of personal property by the bailor to the bailee, who holds possession but not ownership.
- A bailee has legal obligations to take reasonable care of bailed goods and may be liable for negligence. However, exclusion clauses and proof that loss was not due to lack of care can absolve liability.
- Different types of bailment exist, like bailment for reward where consideration is provided, and gratuitous bailment where no payment is made. Gratuitous bailees generally need to show gross negligence for liability.
- Sub-bail
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest in 1066. William the Conqueror established a centralized government and began standardizing laws. By 1250, a common law had been produced to rule the entire country. Dissatisfied with rigid common law, petitioners took cases to the King's Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts of 1873-75 merged the administration of common law and equity in the court system.
A bailment is the delivery of goods by one person (the bailor) to another (the bailee) for a specific purpose, with an agreement for the goods to be returned or accounted for when the purpose is accomplished. There are different types of bailments such as gratuitous bailments where no compensation is involved and bailments for reward where the bailee receives payment. Bailors have rights like termination of the bailment and compensation for damages, while bailees have duties of care and restrictions on use of the goods. A special type of bailment is a pledge where goods are delivered as security for a debt, with the pawnor retaining redemption rights over the pledged goods.
This document provides an overview of key concepts in the law of agency. It defines an agency relationship as one where an agent acts on behalf of a principal. The agent must act in the best interests of the principal and within the scope of their authority. The document outlines different types of authority, including actual, implied, and apparent authority. It discusses important cases that shaped the law, such as Hely-Hutchinson v Brayhead, Freeman & Lockyer v Buckhurst, and Petersen v Moloney. The document also notes the commercial significance of agency and an agent's duties to act in good faith and disclose any personal interests.
This document compares and contrasts contracts of indemnity and guarantee. It notes that indemnity involves two parties, the indemnifier and indemnity holder, while guarantee involves three parties: the creditor, principal debtor, and surety. The liability of the indemnifier is primary, while the surety's liability is secondary and contingent on the principal debtor's default. Indemnity reimburses for losses, while guarantee ensures payment of a debt. The document outlines the key elements and examples of both contract types.
The document discusses the appointment and roles of liquidators in the winding up of companies under the Companies Act, 2013 and Insolvency and Bankruptcy Code. It defines key terms and outlines that official liquidators are appointed by the central government while company liquidators are appointed by the National Company Law Tribunal. It describes the powers and duties of official liquidators, company liquidators, and resolution professionals. It also provides an example of a relevant judicial precedent related to re-examination of a creditor's claim by an official liquidator.
The document summarizes several cases related to mistakes in contracts:
1) Common mistake cases establish that a contract may be void if both parties share the same mistaken assumption about essential facts, such as in Galloway v Galloway where a separation agreement was void since the marriage was invalid.
2) Unilateral mistake cases find that a contract is generally not voidable for a unilateral mistake about non-essential facts, such as quality, but may be if the mistake relates to the identity of the contracting party, as in Cundy v Lindsey.
3) Mutual mistake cases show a contract can be set aside if both parties share the same mistaken belief about an essential fact, such as in
The document provides historical context on the development of common law and equity in England. It explains that different legal systems existed in different areas before the Norman Conquest in 1066. William the Conqueror established a centralized government and began standardizing laws. By 1250, a common law had been produced to rule the entire country. Dissatisfied with rigid common law, petitioners took cases to the King's Chancellor, establishing the Court of Chancery and principles of equity. Over time, equity developed its own precedents and maxims until the Judicature Acts of 1873-75 merged the administration of common law and equity in the court system.
A bailment is the delivery of goods by one person (the bailor) to another (the bailee) for a specific purpose, with an agreement for the goods to be returned or accounted for when the purpose is accomplished. There are different types of bailments such as gratuitous bailments where no compensation is involved and bailments for reward where the bailee receives payment. Bailors have rights like termination of the bailment and compensation for damages, while bailees have duties of care and restrictions on use of the goods. A special type of bailment is a pledge where goods are delivered as security for a debt, with the pawnor retaining redemption rights over the pledged goods.
This document provides an overview of key concepts in the law of agency. It defines an agency relationship as one where an agent acts on behalf of a principal. The agent must act in the best interests of the principal and within the scope of their authority. The document outlines different types of authority, including actual, implied, and apparent authority. It discusses important cases that shaped the law, such as Hely-Hutchinson v Brayhead, Freeman & Lockyer v Buckhurst, and Petersen v Moloney. The document also notes the commercial significance of agency and an agent's duties to act in good faith and disclose any personal interests.
This document compares and contrasts contracts of indemnity and guarantee. It notes that indemnity involves two parties, the indemnifier and indemnity holder, while guarantee involves three parties: the creditor, principal debtor, and surety. The liability of the indemnifier is primary, while the surety's liability is secondary and contingent on the principal debtor's default. Indemnity reimburses for losses, while guarantee ensures payment of a debt. The document outlines the key elements and examples of both contract types.
The document discusses the appointment and roles of liquidators in the winding up of companies under the Companies Act, 2013 and Insolvency and Bankruptcy Code. It defines key terms and outlines that official liquidators are appointed by the central government while company liquidators are appointed by the National Company Law Tribunal. It describes the powers and duties of official liquidators, company liquidators, and resolution professionals. It also provides an example of a relevant judicial precedent related to re-examination of a creditor's claim by an official liquidator.
The document summarizes several cases related to mistakes in contracts:
1) Common mistake cases establish that a contract may be void if both parties share the same mistaken assumption about essential facts, such as in Galloway v Galloway where a separation agreement was void since the marriage was invalid.
2) Unilateral mistake cases find that a contract is generally not voidable for a unilateral mistake about non-essential facts, such as quality, but may be if the mistake relates to the identity of the contracting party, as in Cundy v Lindsey.
3) Mutual mistake cases show a contract can be set aside if both parties share the same mistaken belief about an essential fact, such as in
Judicial review is a process that allows courts to review administrative decisions and determine their legality. It differs from an appeal, which considers the merits of the decision rather than just its legality. There are three main grounds for judicial review: illegality, irrationality, and procedural impropriety. The procedure for judicial review involves applying for leave from the High Court and then a full hearing if leave is granted. If successful, remedies include prerogative orders like mandamus, prohibition, and certiorari that compel or prevent actions or quash decisions.
Equity provides fair remedies when strict legal rules would result in an unfair outcome. It supplements but does not override common law. Equity developed in England when common law courts could not address all legal problems. A key figure was the Lord Chancellor who administered equity rulings. Major deficiencies of common law addressed by equity included incomplete remedies and procedures. Maxims of equity provide flexible principles rather than binding rules to guide equitable decisions. Key maxims include equity will provide a remedy when law cannot, equity follows law, and those seeking equity must do equity.
This document discusses contracts of indemnity and guarantee under Indian contract law. It defines a contract of indemnity as one where one party promises to save the other from losses caused by the promisor or a third party. It provides an example of Mr. A failing to return to India as promised, making him liable to reimburse the government. It also outlines essential elements, rights of indemnified parties, and types of guarantees.
The document explains the exceptions to defamation under Section 499 of the Indian Penal Code. It provides 10 exceptions where imputations or accusations made against another person would not be considered defamation. These include imputations that are true and made for public good, opinions on the conduct of public servants, matters of public interest, reports of court proceedings, opinions on performances submitted for public judgment, censures from those in lawful authority, accusations made in good faith to authorities, imputations made in good faith for self protection or public good, and cautions intended for good or public interest. Examples are given for each exception.
The document discusses the concept of corporate veil, which separates a company from its members as a separate legal entity. While a company cannot act on its own and needs members to function, the corporate veil can be lifted in certain circumstances defined by statute or courts. These include misrepresentation to investors, fraudulent conduct, tax evasion, and when considering a company's public interest, sham status, or avoiding legal obligations. The corporate veil protects members from a company's liabilities but is pierced in cases of wrongdoing.
The document discusses key aspects of legal positivism and natural law theory. It begins by explaining legal positivism, noting that positivists like Bentham and Austin see law as commands from a sovereign backed by sanctions. Bentham's principle of utility holds that laws should aim to maximize happiness. Austin defines law as the command of the sovereign, and sees sanctions as essential for enforcing laws. The document then discusses natural law theory, which sees just laws as reflecting basic principles of human nature and morality. Overall, the summary outlines some of the central philosophical debates around the nature and sources of law.
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
The document discusses breach of contract, including actual and anticipatory breach. It defines key terms like defaulting party and aggrieved party. In case of breach, the aggrieved party has several options for recourse under law, including cancelling the contract, claiming damages in compensation for losses, seeking specific performance of the contract, or obtaining an injunction [against the defaulting party]. Damages aim to financially remedy the aggrieved party and may include ordinary damages for expected losses as well as special, exemplary, or liquidated damages depending on the circumstances of the breach.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
The document summarizes key concepts from Indian commercial law, including contract law and sale of goods. It defines a contract, outlines essential elements like offer/acceptance and consideration. It describes different types of contracts and factors affecting their validity. Key acts discussed include the Indian Contract Act of 1872 and Sale of Goods Act of 1930.
A gift deed is a legal document that details an uncompensated transfer of property ownership from the donor (the property owner) to the donee (the recipient of the gift). The donor must be financially stable and must not utilise this method to evade taxes or make unlawful gains. A gift that costs more than Rs. 50,000 is taxable in the recipient's hands. Gifts from close family members or during a marriage, however, are not subject to taxation. A 'transfer' under a relinquishment deed is not tax favoured.
TO KNOW MORE CLICK HERE : https://vakilsearch.com/gift-deed-format
This document discusses breach of contract and the various ways a contract can be discharged or terminated, including performance, mutual agreement, impossibility of performance, breach of contract, operation of law, and lapse of time. It explains that breach of contract occurs when a party fails to perform their contractual obligations. There are two types of breach: anticipatory breach, which happens when a party demonstrates their intention to break the contract before performance is due, and actual breach, which occurs when a party fails to perform during or at the time performance is required. When a breach occurs, the aggrieved party has several potential remedies, including rescinding the contract, seeking specific performance, obtaining an injunction, receiving damages in compensation, or
The document discusses the legal maxim that "for every wrong there is a remedy." It states that when a person's rights are violated, they are entitled to equitable remedies under the law to enforce their rights. Some examples of remedies discussed include damages awards, injunctions, declaratory judgments, and compensation. The document provides several cases as examples where a plaintiff's rights were violated and they received a legal remedy such as damages.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as voided due to breach. Damages provide monetary compensation for losses from breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract terms. Injunctions enforce negative contract obligations.
The document summarizes the key aspects of a contract of bailment under Indian law. It defines a bailment as the delivery of goods by one person (bailor) to another (bailee) for a certain purpose, to be returned or disposed of according to the bailor's instructions. The essential elements of a valid bailment are the delivery of goods, possession on a contract, and the obligation to return the goods. The duties of the bailor and bailee are also outlined, including the bailee's duty of reasonable care and the bailor's duty to disclose faults in goods bailed gratuitously. Exceptions and qualifications to these duties are discussed through case law examples.
Ll.b i lot u 1 origin, nature and scope of law of tortRai University
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines factors courts consider when deciding whether to imply terms into a contract to give it business efficacy or based on custom and past dealings between the parties. An objective test of intention is established to determine the meaning of contract terms based on commercial reasonableness rather than subjective beliefs.
Judicial review is a process that allows courts to review administrative decisions and determine their legality. It differs from an appeal, which considers the merits of the decision rather than just its legality. There are three main grounds for judicial review: illegality, irrationality, and procedural impropriety. The procedure for judicial review involves applying for leave from the High Court and then a full hearing if leave is granted. If successful, remedies include prerogative orders like mandamus, prohibition, and certiorari that compel or prevent actions or quash decisions.
Equity provides fair remedies when strict legal rules would result in an unfair outcome. It supplements but does not override common law. Equity developed in England when common law courts could not address all legal problems. A key figure was the Lord Chancellor who administered equity rulings. Major deficiencies of common law addressed by equity included incomplete remedies and procedures. Maxims of equity provide flexible principles rather than binding rules to guide equitable decisions. Key maxims include equity will provide a remedy when law cannot, equity follows law, and those seeking equity must do equity.
This document discusses contracts of indemnity and guarantee under Indian contract law. It defines a contract of indemnity as one where one party promises to save the other from losses caused by the promisor or a third party. It provides an example of Mr. A failing to return to India as promised, making him liable to reimburse the government. It also outlines essential elements, rights of indemnified parties, and types of guarantees.
The document explains the exceptions to defamation under Section 499 of the Indian Penal Code. It provides 10 exceptions where imputations or accusations made against another person would not be considered defamation. These include imputations that are true and made for public good, opinions on the conduct of public servants, matters of public interest, reports of court proceedings, opinions on performances submitted for public judgment, censures from those in lawful authority, accusations made in good faith to authorities, imputations made in good faith for self protection or public good, and cautions intended for good or public interest. Examples are given for each exception.
The document discusses the concept of corporate veil, which separates a company from its members as a separate legal entity. While a company cannot act on its own and needs members to function, the corporate veil can be lifted in certain circumstances defined by statute or courts. These include misrepresentation to investors, fraudulent conduct, tax evasion, and when considering a company's public interest, sham status, or avoiding legal obligations. The corporate veil protects members from a company's liabilities but is pierced in cases of wrongdoing.
The document discusses key aspects of legal positivism and natural law theory. It begins by explaining legal positivism, noting that positivists like Bentham and Austin see law as commands from a sovereign backed by sanctions. Bentham's principle of utility holds that laws should aim to maximize happiness. Austin defines law as the command of the sovereign, and sees sanctions as essential for enforcing laws. The document then discusses natural law theory, which sees just laws as reflecting basic principles of human nature and morality. Overall, the summary outlines some of the central philosophical debates around the nature and sources of law.
The document discusses the legal requirements for consideration in contracts. It defines consideration as a benefit to one party or detriment to the other. Consideration must be provided by the promisee and can be in the form of an act, promise, or forbearance of a legal right. Consideration does not need to be adequate in value, only sufficient. Exceptions exist for past consideration and certain duties imposed by law or existing contracts when extra benefits are provided.
The document discusses breach of contract, including actual and anticipatory breach. It defines key terms like defaulting party and aggrieved party. In case of breach, the aggrieved party has several options for recourse under law, including cancelling the contract, claiming damages in compensation for losses, seeking specific performance of the contract, or obtaining an injunction [against the defaulting party]. Damages aim to financially remedy the aggrieved party and may include ordinary damages for expected losses as well as special, exemplary, or liquidated damages depending on the circumstances of the breach.
The document discusses the concept of title in legal rights. It defines title as the source from which a legal right is derived. There are different types of titles - original titles that create new rights, and derivative titles that transfer existing rights. Facts establishing title can be vesting (creation of rights), investive (transfer of rights), or divestitive (extinction of rights). The document examines different views on what constitutes a title from various legal scholars and compares acts that require unilateral versus bilateral consent to establish rights.
The document summarizes key concepts from Indian commercial law, including contract law and sale of goods. It defines a contract, outlines essential elements like offer/acceptance and consideration. It describes different types of contracts and factors affecting their validity. Key acts discussed include the Indian Contract Act of 1872 and Sale of Goods Act of 1930.
A gift deed is a legal document that details an uncompensated transfer of property ownership from the donor (the property owner) to the donee (the recipient of the gift). The donor must be financially stable and must not utilise this method to evade taxes or make unlawful gains. A gift that costs more than Rs. 50,000 is taxable in the recipient's hands. Gifts from close family members or during a marriage, however, are not subject to taxation. A 'transfer' under a relinquishment deed is not tax favoured.
TO KNOW MORE CLICK HERE : https://vakilsearch.com/gift-deed-format
This document discusses breach of contract and the various ways a contract can be discharged or terminated, including performance, mutual agreement, impossibility of performance, breach of contract, operation of law, and lapse of time. It explains that breach of contract occurs when a party fails to perform their contractual obligations. There are two types of breach: anticipatory breach, which happens when a party demonstrates their intention to break the contract before performance is due, and actual breach, which occurs when a party fails to perform during or at the time performance is required. When a breach occurs, the aggrieved party has several potential remedies, including rescinding the contract, seeking specific performance, obtaining an injunction, receiving damages in compensation, or
The document discusses the legal maxim that "for every wrong there is a remedy." It states that when a person's rights are violated, they are entitled to equitable remedies under the law to enforce their rights. Some examples of remedies discussed include damages awards, injunctions, declaratory judgments, and compensation. The document provides several cases as examples where a plaintiff's rights were violated and they received a legal remedy such as damages.
This document discusses remedies for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples. Rescission allows a party to treat a contract as voided due to breach. Damages provide monetary compensation for losses from breach. Quantum meruit applies when partial performance justifies compensation. Specific performance requires literal fulfillment of contract terms. Injunctions enforce negative contract obligations.
The document summarizes the key aspects of a contract of bailment under Indian law. It defines a bailment as the delivery of goods by one person (bailor) to another (bailee) for a certain purpose, to be returned or disposed of according to the bailor's instructions. The essential elements of a valid bailment are the delivery of goods, possession on a contract, and the obligation to return the goods. The duties of the bailor and bailee are also outlined, including the bailee's duty of reasonable care and the bailor's duty to disclose faults in goods bailed gratuitously. Exceptions and qualifications to these duties are discussed through case law examples.
Ll.b i lot u 1 origin, nature and scope of law of tortRai University
This document provides an introduction to the law of torts. It defines a tort as a civil wrong arising from a breach of a duty imposed by law. The essential elements of a tort are a wrongful act, legal damage to another, and a legal remedy. Torts are distinguished from crimes in that torts involve private wrongs and civil actions for compensation, while crimes involve public wrongs and criminal prosecution. Torts are also distinguished from breaches of contract in that tort duties are imposed by law rather than an agreement between parties, and tort damages are unliquidated rather than contractual damages. The document outlines general elements of torts and the differences between torts, crimes, and breaches of trust.
The document provides an introduction to the law of torts in India. It discusses several key points:
1) Tort law in India is mainly based on English common law but has been adapted to Indian conditions.
2) Compensation, rather than punishment, plays a less prominent role in the Indian legal system compared to England.
3) The Indian Supreme Court has said that Indian judicial thinking on torts should not be limited by foreign laws and that new principles need to be developed to deal with modern problems.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines factors courts consider when deciding whether to imply terms into a contract to give it business efficacy or based on custom and past dealings between the parties. An objective test of intention is established to determine the meaning of contract terms based on commercial reasonableness rather than subjective beliefs.
This document provides an overview of the key concepts in a contract of bailment under business and industrial law. It defines bailment as the delivery of goods by one person to another for a specific purpose, to be returned or disposed of according to the deliverer's instructions. There are two parties to a bailment: the bailor who delivers the goods and the bailee who receives them. Bailments can be classified based on who benefits and whether compensation is provided. The document outlines the duties of both the bailor and bailee, as well as their respective rights.
This document discusses the law of carriage of goods by land, sea, and air. It defines key terms like carrier, consignor, and consignee. For carriage by land, it distinguishes between common carriers and private carriers. Common carriers transport goods for the general public on a regular basis, while private carriers transport goods casually for specific persons. The document outlines the rights and essentials of common carriers when transporting goods by land or inland navigation. It also discusses how railways act as bailees rather than common carriers when transporting goods and passengers. For carriage by sea, it defines contracts of affreightment and different types of charter parties and bills of lading. Finally, it lists the six schedules that
Vitiating Elements in the Formation of a Contract: Mistake and frustrationPreeti Sikder
Learning Objectives: Students will:
a) learn the difference between Common Mistake and Mistake negativizing Consent
b) discover the strong link between mistake and frustration
This document provides an overview of bailment under commercial law. It defines bailment as the delivery of goods by one person to another for a specific purpose, to be returned or disposed of according to the deliverer's instructions. The key parties are the bailor who delivers the goods and the bailee who receives them. For a valid bailment there must be delivery of possession of goods under an agreement for a particular purpose and return of the goods. The duties of bailors include disclosing faults, bearing extraordinary expenses, and indemnifying bailees for losses from defective title.
This document provides an overview of the law of carriage of goods. It defines key terms like contract of carriage, common carrier and private carrier. It discusses the carriage of goods by land, sea and rail. For land carriage, it outlines The Carriers Act 1865 and for rail, The Railways Act 1890. For sea carriage, it mentions The Bills of Lading Act 1856 and rights under a bill of lading. It also describes the rights and liabilities of common carriers when transporting goods.
This document provides an overview of bailment under business law. It defines bailment as the delivery of goods by one person to another for a specific purpose, where only possession and not ownership is transferred. It outlines the key parties in a bailment as the bailor who delivers the goods and the bailee who receives them. Some essential elements of a bailment are that there must be a contract, delivery of possession of goods, and the goods must be returned once the purpose is fulfilled. The document also discusses the different types of bailment, the rights and duties of the bailor and bailee, and how bailment differs from agency.
Rights, Duties and Remedies under a Sale of Goods Contract.pptxLyla Latif
This document summarizes rights and remedies under the Sale of Goods Act 1979 in the UK. It discusses the rights of buyers and sellers with regards to delivery, acceptance, rejection of goods, and payment. It also analyzes remedies available to sellers if the buyer refuses to accept goods or pay, including real remedies like lien on goods and right of stopping goods in transit, and personal remedies like damages claims against the buyer. Case law is referenced throughout to illustrate how these concepts have been applied.
1) The seller is liable if goods are not of merchantable quality and not saleable under their description, as in the case of contaminated beer being sold in a pub.
2) For the sale of goods, the law implies that goods are fit for their intended purpose, as seen in the case of defective copper sheeting sold to sheath a ship.
3) However, no implied condition exists that goods are fit for an abnormal undisclosed purpose, such as a tweed coat irritating unusually sensitive skin.
This document discusses key concepts related to documentary sales and international transactions. It defines key terms like documentary sale, negotiability, bills of lading, and documentary draft. It explains the stages of a documentary transaction and how the risks are allocated between buyers and sellers under different trade terms like CIF. The document also summarizes several cases that illustrate how these concepts are applied, such as who is responsible if goods are stolen during transport depending on whether it is an FOB or CIF contract.
- Carriage of goods refers to transportation of goods by land, sea, or air. Common carriers are engaged in transporting goods for all persons indiscriminately for a fee, while private carriers only transport goods selectively under contract.
- Common carriers have duties to transport any goods offered within certain limitations and to deliver goods with reasonable care and within a reasonable time frame. They also have rights like receiving payment and restricting liability. Common carriers are strictly liable for any loss or damage caused to goods during carriage.
- The document discusses the definitions and key characteristics of common carriers and private carriers under Indian law. It outlines the duties, rights, and liabilities of common carriers when transporting goods
The document discusses the rights of a bailee in a bailment relationship. It defines a bailor as the person delivering goods and a bailee as the person receiving goods. The main rights of a bailee include: delivery of goods to one of several joint bailors, delivery of goods even if the bailor does not have proper title, the right to apply to stop illegal delivery, the right to take action against trespassers, and bailee's lien. Additionally, the duties of the bailor constitute rights of the bailee, such as: being informed of known faults in the goods, claiming extraordinary expenses, compensation for losses from premature termination of a gratuitous bailment, and
This document discusses various laws related to the carriage of goods in India, including the Carriers Act 1865, the Carriage by Road Act 2007, the Indian Carriage of Goods by Sea Act 1925, the Carriage by Air Act 1972, and the Multimodal Transportation of Goods Act 1993. It summarizes key cases that discuss the liability of carriers, bills of lading, and insurance related to the carriage of goods.
This document discusses key concepts in international trade contracts, including:
1) Contracts are used to manage risks like payment, delivery, and quality issues in international transactions by outlining terms, responsibilities, and risk allocation.
2) Risks in international transactions include payment, delivery, quality, and differences from domestic deals. Trade terms are used to allocate when risks shift between buyers and sellers.
3) Documentary sales involve buyers paying sellers upon presentation of negotiable documents of title, like bills of lading, that evidence ownership and allow legal transfer of goods and documents.
4) Cases like Basse & Selve v. Bank of Australasia establish that banks processing documents have no duty to inspect
This document discusses the carriage of goods by sea. It covers topics such as contracts of affreightment, charter parties including voyage, time and demise charters. It also discusses clauses in charter parties, mates receipts, bills of lading including clean, qualified and through bills of lading. The duties and liabilities of carriers by sea are explained, including being seaworthy, issuing bills of lading, safety of goods, negligence liability, one year liability limit and liability being limited to declared value. Warranties both implied and in bills of lading are also summarized.
This document discusses CIF (cost, insurance, freight) contracts. It defines CIF contracts and outlines the key elements and documents involved, including:
- Commercial invoice representing the cost element
- Insurance policy representing the insurance element
- Bill of lading representing the freight element
It explains that these three documents are central to a CIF contract. It also discusses the buyer's two rights of rejection - the right to reject non-conforming documents or non-conforming goods. Timely tender of conforming documents is important for the seller to receive payment.
The document discusses the passing of property in a sale of goods from the seller to the buyer under Indian contract law. It addresses three key stages: the transfer of property, transfer of possession, and passing of risk. The transfer of property is the main objective of a sale contract and signifies when ownership passes from seller to buyer, which may or may not be linked to delivery. There are exceptions that allow a non-owner to pass valid title under certain conditions, such as when the original owner is estopped by their words/conduct, for sales by agents or one of several joint owners under good faith. The document outlines the primary rules for determining when property passes and different scenarios involving specific, unascertained, delivered, or
The document discusses the legal doctrine of frustration in contract law. It provides examples of cases where contracts were found to be frustrated due to unforeseen circumstances, such as an artist falling ill before a scheduled performance. However, frustration cannot be claimed if a contract has simply become more difficult or expensive to perform, if some purpose of the contract can still be achieved, if the parties foresaw the frustrating event, or if the frustration was self-induced. The document analyzes cases that demonstrate when frustration will not be accepted, such as when an alternative shipping route was available despite higher costs, or when only part of a contract's purpose was cancelled.
Constitutional Law - External affairs powerFrancois Brun
The document discusses Australia's external affairs power under section 51(xxix) of the constitution. It summarizes several important cases that have helped define the scope of this power:
Polyukhovich v Commonwealth established that the parliament can legislate over acts that occurred externally, even if they were not illegal under Australian law at the time. Horta v Commonwealth affirmed that laws giving domestic effect to treaties are valid as external affairs laws, even if the underlying treaty may be invalid. R v Burgess found parliament can pass domestic laws on subjects dealt with in international treaties Australia has ratified.
Constitutional Law - Corporations powerFrancois Brun
1) The corporations power under s 51(xx) of the Australian Constitution has historically sought to preserve state powers but now has a broad scope through incremental developments.
2) Early cases like Huddart Parker established some limits on the power but later cases like Strickland v Rocla Concrete Pipes overturned these and found the power could regulate trading corporations.
3) Subsequent cases developed tests like the purposes test and activities test to determine what constitutes a trading or financial corporation under s 51(xx). Later cases applied the power broadly to various corporate entities.
Constitutional Law - Trade and commerce powerFrancois Brun
This document summarizes key cases that have helped define the scope of the Commonwealth's trade and commerce power under section 51(i) of the Australian Constitution. It discusses early 20th century cases like W & A McArthur Ltd v Queensland that established that trade between states is included in section 51(i). It also summarizes landmark aviation cases like the ANA Case that confirmed laws regulating interstate air transport are valid. The document analyzes the narrow interpretation of incidental powers under the trade and commerce head of power established by cases like Wragg v NSW. It concludes with a discussion of more recent cases like Pape v Commissioner of Taxation that explored support for fiscal stimulus laws from executive and incidental powers.
Constitutional Law - Constitutional interpretationFrancois Brun
This document summarizes several key cases related to constitutional interpretation in Australia. The cases discussed include R v Barger, Engineers' Case, Payroll Tax Case, Bank Nationalisation Case, and Grain Pool case. Some of the main principles of interpretation discussed include determining the intent of Parliament based on the language used, examining the substance rather than form of legislation, and broadly construing constitutional powers to evolve with changing circumstances.
This document lists several important constitutional law cases relevant to the topic of characterisation. It includes landmark cases that helped define the scope and limits of Commonwealth legislative and executive powers such as the Bank Nationalisation Case, Work Choices Case, and ANA Case. The list also references cases that explored principles for characterising impugned laws such as Actors and Announcers Equity Association v Fontana Films and Stenhouse v Coleman.
Constitutional Law - Separation of judicial power - exceptions to boilermakersFrancois Brun
The document discusses exceptions to the rule against federal courts exercising non-judicial powers established in the Boilermakers' case. It examines cases that have established some judges may exercise administrative functions if appointed in a personal capacity (persona designata) rather than as a member of their court. However, the role must not be incompatible with judicial independence or integrity or undermine public confidence. Hilton v Wells established some judges could issue surveillance warrants persona designata but later cases set limits, finding roles too close to or directed by the executive could compromise the judiciary.
Constitutional Law - Section 109 inconsistencyFrancois Brun
The document discusses the concept of inconsistency between Commonwealth and state laws under section 109 of the Australian Constitution. It provides summaries of several important cases that helped develop the concept. These cases established that a state law will be invalid if it alters, impairs, or detracts from a Commonwealth law, or if the Commonwealth law was intended to completely cover a field, leaving no scope for state laws in that area. The document examines how these principles were applied to issues such as industrial relations, marketing boards, and legal advertising.
1) Beswick v Beswick established that a third party can enforce a contract if they are intended beneficiaries, as determined by the language and circumstances of the agreement. The widow was entitled to specific performance of payments promised to her after her husband's death.
2) Trident General Insurance v McNiece expanded exceptions to privity to allow subcontractors to claim under liability policies where they were intended beneficiaries. The court applied theories of unjust enrichment, reliance, and trusteeship.
3) Coulls v Bagot's Executor affirmed privity by restricting claims to parties that provided consideration, denying a widow benefits after her husband's death as she did not personally provide consideration.
The document summarizes key aspects of consumer guarantees under Australian commercial law. It discusses that consumer guarantees are provided for in the Australian Consumer Law and only apply to consumers. It examines common law cases that helped define guarantees around fitness for purpose and merchantable quality. It also outlines the statutory guarantees provided to consumers regarding goods being fit for any disclosed purpose, matching their description, and being of acceptable quality. The document concludes by discussing remedies available to consumers when guarantees are breached, including rejecting goods, getting repairs or replacements, and claiming damages.
Commercial Law - Definition of trade and commerceFrancois Brun
This document provides definitions and case summaries related to the term "in trade or commerce" under Australia's Competition and Consumer Act (ACL). It examines several court cases that help define the scope and application of this term. The key findings are: 1) conduct must be part of commercial activities rather than internal communications; 2) representations to employees are not considered trade or commerce; 3) non-payment for lectures and non-commercial topics mean representations were not trade or commerce; 4) private land sales and listings through an agent also lack commercial character. The document establishes factors considered by courts in determining what constitutes conduct "in trade or commerce".
Leveraging Generative AI to Drive Nonprofit InnovationTechSoup
In this webinar, participants learned how to utilize Generative AI to streamline operations and elevate member engagement. Amazon Web Service experts provided a customer specific use cases and dived into low/no-code tools that are quick and easy to deploy through Amazon Web Service (AWS.)
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
🔥🔥🔥🔥🔥🔥🔥🔥🔥
إضغ بين إيديكم من أقوى الملازم التي صممتها
ملزمة تشريح الجهاز الهيكلي (نظري 3)
💀💀💀💀💀💀💀💀💀💀
تتميز هذهِ الملزمة بعِدة مُميزات :
1- مُترجمة ترجمة تُناسب جميع المستويات
2- تحتوي على 78 رسم توضيحي لكل كلمة موجودة بالملزمة (لكل كلمة !!!!)
#فهم_ماكو_درخ
3- دقة الكتابة والصور عالية جداً جداً جداً
4- هُنالك بعض المعلومات تم توضيحها بشكل تفصيلي جداً (تُعتبر لدى الطالب أو الطالبة بإنها معلومات مُبهمة ومع ذلك تم توضيح هذهِ المعلومات المُبهمة بشكل تفصيلي جداً
5- الملزمة تشرح نفسها ب نفسها بس تكلك تعال اقراني
6- تحتوي الملزمة في اول سلايد على خارطة تتضمن جميع تفرُعات معلومات الجهاز الهيكلي المذكورة في هذهِ الملزمة
واخيراً هذهِ الملزمة حلالٌ عليكم وإتمنى منكم إن تدعولي بالخير والصحة والعافية فقط
كل التوفيق زملائي وزميلاتي ، زميلكم محمد الذهبي 💊💊
🔥🔥🔥🔥🔥🔥🔥🔥🔥
THE SACRIFICE HOW PRO-PALESTINE PROTESTS STUDENTS ARE SACRIFICING TO CHANGE T...indexPub
The recent surge in pro-Palestine student activism has prompted significant responses from universities, ranging from negotiations and divestment commitments to increased transparency about investments in companies supporting the war on Gaza. This activism has led to the cessation of student encampments but also highlighted the substantial sacrifices made by students, including academic disruptions and personal risks. The primary drivers of these protests are poor university administration, lack of transparency, and inadequate communication between officials and students. This study examines the profound emotional, psychological, and professional impacts on students engaged in pro-Palestine protests, focusing on Generation Z's (Gen-Z) activism dynamics. This paper explores the significant sacrifices made by these students and even the professors supporting the pro-Palestine movement, with a focus on recent global movements. Through an in-depth analysis of printed and electronic media, the study examines the impacts of these sacrifices on the academic and personal lives of those involved. The paper highlights examples from various universities, demonstrating student activism's long-term and short-term effects, including disciplinary actions, social backlash, and career implications. The researchers also explore the broader implications of student sacrifices. The findings reveal that these sacrifices are driven by a profound commitment to justice and human rights, and are influenced by the increasing availability of information, peer interactions, and personal convictions. The study also discusses the broader implications of this activism, comparing it to historical precedents and assessing its potential to influence policy and public opinion. The emotional and psychological toll on student activists is significant, but their sense of purpose and community support mitigates some of these challenges. However, the researchers call for acknowledging the broader Impact of these sacrifices on the future global movement of FreePalestine.
This presentation was provided by Racquel Jemison, Ph.D., Christina MacLaughlin, Ph.D., and Paulomi Majumder. Ph.D., all of the American Chemical Society, for the second session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session Two: 'Expanding Pathways to Publishing Careers,' was held June 13, 2024.
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
A Visual Guide to 1 Samuel | A Tale of Two HeartsSteve Thomason
These slides walk through the story of 1 Samuel. Samuel is the last judge of Israel. The people reject God and want a king. Saul is anointed as the first king, but he is not a good king. David, the shepherd boy is anointed and Saul is envious of him. David shows honor while Saul continues to self destruct.
Elevate Your Nonprofit's Online Presence_ A Guide to Effective SEO Strategies...TechSoup
Whether you're new to SEO or looking to refine your existing strategies, this webinar will provide you with actionable insights and practical tips to elevate your nonprofit's online presence.
2. Bailment
•
•
•
•
•
What is a bailment?
Why is bailment commercially significant?
Different types of bailment
The legal obligations of bailment
Applying the law of bailment to hypothetical
scenarios
3. What is a bailment?
• “The delivery of personal chattels by the
owner of the chattels (“bailor”) into the
possession of another person (“bailee”) upon
an express or implied promise that they will
be redelivered to the bailor, or dealt with in a
stipulated way: Hobbs vPetersham Transport
Co.; Butterworths Concise Legal Dictionary.
4. Aspects of Bailment
• Bailee – person who takes possession of
goods.
• Bailor – person who gives possession of goods
to the bailee.
• Bailment by reward – where a bailment occurs
in return for consideration.
• Bailment at will – where a bailor may request
the goods that were “bailed” back.
5. Nature of bailment – Walton stores
vSydney City Council (1968) (NSWCA)
• Facts: Mr McCauley, a senior employee of
Walton Stores, the Plaintiff, parked a company
car in a municipal car park.
• The car park was owned and conducted by the
Defendant, and was issued with a parking
ticket which stated, inter alia, that the ticket
must be presented to the attendant when the
vehicle was removed from the station.
6. Walton Stores (cont.)
• The defendant claimed to not accept any
responsibility for the loss of or damage to any
vehicle, howsoever it may be caused.
• When McCauley returned that evening, the
car was gone and it was never recovered.
• It appeared that another person, Mr Jones,
had told the parking station employees that
he had lost his parking ticket and was reissued
with a duplicate after which he took the car.
7. Walton Stores (cont.)
• Held by Walsh, Asprey, Holmes JJA: The
relationship between the parties was that of
bailor and bailee.
• There was a bailment for reward.
• There was no relationship of licensor and
licensee.
• The defendant was in breach of its contract as
such bailee. Sydney City Council v West (1965)
114 CLR 481 applied.
8. Walton Stores v Sydney City Council
• The onus of proof is on the bailor to prove the
bailment relationship existed.
• Then the onus turns to the bailee to prove
that:
– Reasonable care was taken by them
– Proving the loss was not caused by any lack of
care on their part
– That the type of damage caused was too remote
9. Bailee for reward –Hobbs v Petersham
Transport Co Pty Ltd
• Facts: The plaintiff engaged the defendant to
convey goods between two points.
• The defendant contracted with one Hobbs to
undertake the carriage.
• Neither the defendant nor Hobbs was a
common carrier. i.e. able to carry any goods.
• The goods were placed on Hobbs’ vehicle
which was "near new", in "top condition" and
suitable for its task.
10. Hobbs v Petersham
• It had been regularly serviced and the driver
was competent and an experienced mechanic.
• The defendant never had custody of the
goods.
• In the course of the journey, while the vehicle
was travelling at about 25 miles per hour on
level ground, the axle broke causing the
vehicle to overturn, damaging the goods.
11. Hobbs v Petersham
• The evidence showed that the axle had
suffered a "clean break".
• The Plaintiff brought an action for damages
for the delivery of the goods in a damaged
condition.
• The Plaintiff succeeded at trial.
• The Defendant appealed.
12. Hobbs v Petersham
• Barwick CJ and Windeyer J found the
defendant was not a bailee of the goods, and
that (a) in an action for breach of contract of
carriage the onus of establishing the breach
rests on the Plaintiff.
• (b) the Defendant had established that the
precise cause of the failure to deliver, i.e. the
axel breaking.
13. Hobbs v Petersham
• McTiernan and Menzies JJ found that the
defendant was a bailee for reward and so bore
the onus of proving that the non-delivery was
without its fault, the defendant had
discharged that onus.
• Owen J stated that the evidence established
that the non-delivery of the goods was not
due to any negligence on the part of the
carrier.
14. Hobbs v Petersham
• In Hobbs v Petersham Menzies J cited Lord
Denning in Morris v Martin &Sons Ltd [1966] 1
QB 716:
• “Once a man has taken charge of goods as a
bailee for reward, it is his duty to take
reasonable care to keep them safe: and he
cannot escape that duty by delegating it to his
servant…”
15. Hobbs vPetersham
• Lord Denning continued: “If the goods are lost
or damaged, whilst they are in his possession,
he is liable unless he can show—and the
burden is on him to show—that the loss or
damage occurred without any neglect or
default or misconduct of himself or of any of
the servants to whom he delegated his duty.”
16. Hobbs v Petersham
• The Hobbs brothers proved that the loss or
damage was not due to their fault because the
axle broke notwithstanding the due care taken
by the Hobbs brothers.
• Most significantly, Hobbs provides an
authority for the reasonable care required in
the duties of a bailee.
17. Bailment by finding –
ArmoryvDelamirie(1722) 93 ER 664
• Facts: Armory was a chimney sweep's boy
who found a jewel in the setting of a ring.
• He took the jewel to the shop of Delamirie, a
goldsmith, to obtain a valuation of the item.
• An apprentice, the agent of Delamirie,
surreptitiously removed the gems from the
setting on the pretence of weighing it.
18. ArmoryvDelamirie
• The apprentice returned with the empty
setting and informed Armory that it was worth
three halfpence.
• The apprentice offered to pay him for it but
Armory refused and asked the apprentice to
return the stones and setting in their prior
condition.
• The apprentice returned the socket of the
jewel without the gems.
19. ArmoryvDelamirie
• Held by Lord Pratt CJ, that the priority of rights
to possession say that a finder has better title
to property that he or she finds over everyone
except the true owner.
• Armory was a bailor, by way of a ‘bailment at
will’ whereby he could request the jewel back
at any time from Delamirie, the bailee.
• Therefore, on this basis, Armory had full title
to the jewel and request the jewel back.
20. Sub-Bailee - The Pioneer Container
• The plaintiffs fall into three groups, which
have become known as "the Kien Hung
plaintiffs," "the Hanjin plaintiffs" and "the
Scandutch plaintiffs."
• Hanjin and Scandutch had each engaged
carriers to ship goods by sea under bills of
lading which gave the carriers authority to
sub-contract the whole or part of the carriage
of the goods "on any terms.”
21. The Pioneer Container
• A Bill of lading is written evidence of a
contract, providing proof of title or receipt of
delivery: Ardennes SS [1951] 1 KB 55.
• The carriers sub-bailed the goods to the
defendant shipowners for carriage on board
their vessel, KH Enterprise (which included the
Pioneer Container), for part of the voyage,
from Taiwan to Hong Kong.
22. The Pioneer Container
• These goods were carried under feeder bills of
lading containing an exclusive jurisdiction
clause which provided that any claim or other
dispute which was to be determined in
Taiwan.
23. The Pioneer Container
• Following a collision in fog, the vessel sank
with all her cargo off the coast of Taiwan.
• The plaintiffs brought an action for a failure of
duty of care as bailee and the Defendant
sought to rely on the exclusion clause and
failed, later appealing to the Privy Council.
24. The Pioneer Container
• The issue was whether the shipowners can
rely, as against the Scandutch and Hanjin
plaintiffs, on the exclusive jurisdiction clause
(“clause 26”) in the feeder bills of lading to
which the plaintiffs were not a party to.
25. The Pioneer Container
• Importantly, a sub-bailee who voluntarily took
goods into his custody could only invoke terms
of the sub-bailment qualifying or otherwise
affecting his responsibility to the owner if the
owner had expressly or impliedly consented to
those terms or had ostensibly authorised
them.
26. The Pioneer Container
• The Privy Council found that both Hanjin and
Scandutch had consented to the Taiwanese
exclusive jurisdiction clause in the feeder bills
because the Hanjin and Scandutch bills expressly
stated that they as carriers had authority to subcontract 'on any terms'.
• They consented to themselves sub-bailing the
goods and the Defendant possession of the goods
subject to the terms of the bills of lading,
including the exclusion clause.
27. The Pioneer Container
• Their Lordships found that the incorporation
of the relevant clause (clause 26) in the subbailment would be in accordance with the
reasonable commercial expectations of those
who engage in this type of trade, carriage of
goods by sea, especially in a container ship, to
provide a sensible resolution of disputes in a
single jurisdiction.
28. The Pioneer Container
• Privy Council held, dismissing the appeal, that
where goods had been sub-bailed with the
authority of the owner, the obligation of the
sub-bailee towards the owner was that of a
bailee for reward and the owner could
proceed directly against the sub-bailee under
the law of bailment without having to rely on
the contract of sub-bailment between the
bailee and the sub-bailee.
29. Bailment or passing of property –
Chapman Bros vVercoBros
• Facts: The appellants, Chapman Bros who
were farmers, delivered bags of wheat to the
respondent company, Verco Bros, which
carried on the business of a wheat merchant
and miller.
30. Bailment or passing of property –
Chapman Bros vVercoBros
• On delivery of the wheat, storage costs were
incurred, and the appellants were required to
make a payment to the respondent for the
expenses of storage and other expenses
incidental to the contract.
31. Bailment or passing of property –
Chapman Bros vVercoBros
• The respondent went into liquidation before
the specified date on which it was to purchase
the wheat remaining in storage and before
any request had been made by the appellants
for the return of the wheat.
32. Bailment or passing of property –
Chapman Bros vVercoBros
• Dixon J: wheat is delivered to merchants or
millers on the understanding that it will be
mixed with the general stock, the property
passing and the merchant or miller being
obliged to return only money or equivalent
wheat: Copping vCommercial Flour and
Oatmeal Milling Co 1.
33. PangallovKillarra
• Facts: Whether the plaintiffs delivered their
grapes to the winemaker LetitiaCecchini,who
occupied the winery as tenant under lease
from Killara, under a contract of bailment for
labour and works (in which case the plaintiffs
retained title) or whether they sold their
grapes to her for resale back to the plaintiffs
once made into wine (in which case there was
a passing of title to Ms Cecchini).
34. PangallovKillarra
• Held: Brereton J In the present case of
fungible goods, their commingling, or their
manufacture into other products to be
returned to the original owner, does not result
in property passing from the original owner, if
the parties’ intent is consistent with a
bailment.
35. Greenwood v Waverley Council
• Facts: The plaintiff, Greenwood, paid a fee to
hire a locker in the defendant council’s
dressing sheds at Bondi Beach.
• Greenwood went back to his locker and the
locker was empty.
• Greenwood claimed there was a bailment and
that the Council fell below their duty to take
reasonable care.
36. Greenwood v Waverley Council
• Held by Ferguson J: The council was not bailee
since possession of the clothes had not passed
to the council and the council had always
remained in Greenwoods possession.
• The council had merely let the locker to
Greenwood which did not give rise to a duty
of care in respects of the contents of the
locker.
37. Gratuitous bailment – WGH Nominees
vTomblin
• MrTomblinand his wife went into a jeweller's
shop, whereTomblin purchased a ring for his
wife.
• His wife showed interest in another ring, and
subsequently came back to the shop and
talked about the ring with the saleswoman.
• The saleswoman told her husband that
MrsTomblin had been interested in the ring.
38. WGH Nominees vTomblin
• The salesman said that as he would be
seeingMrTomblinlater that day he might be
able to convince Tomblin to buy the ring for
his wife.
• The saleswoman gave the ring to her husband,
who subsequently gave it toMrTomblinto take
it home to show it to his wife.
• On his way home MrTomblinwent to a hotel
where the ring was stolen from his coat.
39. WGH Nominees vTomblin
• The jeweller brought an action claiming
damages for alleged negligent conduct as a
gratuitous bailee.
• Held by ZellingJ: That the plaintiff carried the
onus of proving connivance or gross
negligence on the part of the defendant.
• The defendant had an evidential persuasive
onus of explaining the loss of the goods.
40. WGH Nominees vTomblin
• Zelling J: “When goods are lost there is at least an
evidential onus on a defendant bailee to point to
circumstances negativing negligence on his part:
• “in their lordships' view the onus is always on the
bailee, whether a bailee for reward or a
gratuitous bailee, to prove that the loss of any
goods bailed to him was not caused by any fault
of his or of any of his servants or agents to whom
he entrusted the goods for safe keeping.”
41. WGH Nominees vTomblin
• “*The defendant+ was put into a difficult and
embarrassing situation.
• He was not going to a place where the ring
could be carefully kept.
• It had been foisted upon him and he had to do
the best he could in the circumstances.
• The actions of the defendant in those peculiar
and embarrassing circumstances should not
be counted as negligence against him.”
42. Gratuitous bailment - Kehoe v Williams
• The plaintiff made arrangements with the
defendant for the storage of a significant part
of his art collection at the defendant’s
premises.
• The defendant held an auction at which a
number of the plaintiff’s art works were
offered for sale. Many sold but some did not.
• The plaintiff did not recover all of his
remaining artwork and they were later lost.
43. Gratuitous bailment - Kehoe v Williams
• McClellan CJ: In the event of an allegation by
the bailor that the bailee has breached his
duty, the bailee carries the onus of proving
that he has carried out his duties. Under the
law of gratuitous bailment the bailee is liable
only for gross negligence: CoggsvBernard.
• A bailee is required to take reasonable care
and deal with the goods in good faith: TNT Ltd
v May and Baker.
44. Exclusion Clauses – Sydney City Council
v West
• Facts: The respondent parked his motor
vehicle in the appellant's parking station and
received a parking ticket which bore under the
heading "Parking Conditions" the following:
– “The Council does not accept any responsibility
for the loss or damage to any vehicle or for loss of
or damage to any article or thing in or upon any
vehicle or for any injury to any person however
such loss, damage or injury may arise or be
caused.”
45. Exclusion Clauses – Sydney City Council
v West
• Per Barwick CJ and Taylor J citing Denning LJ
(as he then was) in Spurling Ltd vBradshaw:
• "The essence of the contract by a
warehouseman is that he will store the goods
in the contractual place and deliver them on
demand to the bailor or his order.”
• The warehouse staff being the bailee for
reward under a contract.
46. Exclusion Clauses – Sydney City Council
v West
• “If he stores them in a different place, or if he
consumes or destroys them instead of storing
them, or if he sells them, or delivers them
without excuse to somebody else, he is guilty of a
breach which goes to the root of the contract and
he cannot rely on the exempting clause.
• But if he should happen to damage them by
some momentary piece of inadvertence, then he
is able to rely on the exempting clause.”
47. Duty of care of bailee – Port
SwettemenAuthority
• Facts: A consignment of 93 cases of
pharmaceutical goods was shipped from Hong
Kong to Port Swettenham under bills of lading
nominating the plaintiffs as consignees.
• The consignment passed into the custody of the
defendants (the port authority) and the port
charges were paid.
• While the consignment was in the defendants'
custody 64 of the cases disappeared. The
plaintiffs brought an action for negligent loss by
the defendants as bailees.
48. Duty of care of bailee – Port
SwettemenAuthority
• Lord Salmon: the defendants were bailees and
under a duty to take as much care of the
goods as a reasonable port authority would
take of its own similar goods and they had lost
them and had shown neither how the loss had
occurred nor that they had not been
negligent, they were liable to the plaintiffs for
the loss.
49. Exclusion Clauses – TNT Melbourne v
May Baker
• Facts: May & Baker, Plaintiff/Respondent,
contracted with TNT for the carriage of goods.
• Pay collected the goods from May & Baker, but
by the time he transported the goods to the
depot of May & Baker, it was closed.
• Pay then took the goods home and placed the
goods in his shed.
• The shed later burned down and the goods
were destroyed.
50. Exclusion Clauses – TNT Melbourne v
May Baker
• McTiernan, Taylor and Owen JJ Held: In order
to discharge the onus of disproving negligence
it is not essential for a bailee of goods which
have been damaged or destroyed while in his
custody to establish first the precise cause of
the loss and thereafter to establish that the
cause arose or operated without negligence
on his part.
51. Exclusion Clauses – TNT Melbourne v
May Baker
• It is sufficient if the bailee is able to establish
that he took such care of the goods as was
reasonable in the circumstances.
• On bailment, there was no contractual
relationship between the respondent and Pay
and his liability could not have been any
greater than that of a bailee of the goods at
the time when the damage occurred.
52. Exclusion Clauses – TNT Melbourne v
May Baker
• Windeyer J (dissenting): Pay, although not
himself contractually bound to May & Baker,
had a duty to it to take care of its goods while
they were in his custody.
• But in the present situation, having no reason
to foresee a fire, he could not on the evidence
be found to have failed in this duty to take
reasonable care as bailee.
Editor's Notes
Common carriers are transport companies who hold themselves out to be able to transport anything for a reasonable price. This is distinguished from private carriers who only carry specific goods. At common law a common carrier has an absolute duty of care: James v Commonwealth (1939) 62 CLR 339, 368-369.
(1933) 49 CLR 306
(1933) 49 CLR 306
(1933) 49 CLR 306
(1933) 49 CLR 306
[2007] NSWSC 1538
[2007] NSWSC 1538
Port Swettenham Authority v. T. W. Wu & Co. (M) Sdn. Bhd. [1979] AC 580, 589-590.
[2006] NSWSC 326
(1965) 114 CLR 481
(1965) 114 CLR 481
(1965) 114 CLR 481
Duty of care of bailee – Port Swettemen Authority [1978] 3 ALL ER 337
Duty of care of bailee – Port Swettemen Authority [1978] 3 ALL ER 337