Constructive bailment example

These bailments are called constructive bailments. 3 Checking a book out of the library is a common example. When you check the book out, you become the bailee while the library is the bailor, who gets no benefit from the relationship.

What is the difference between constructive and involuntary bailments?

In addition to service agreement bailments where the bailee is paid to care for the property, a bailment can also be involuntary. A constructive bailment occurs when circumstances create an obligation for the bailee to protect the goods. The bailment is implied by law.

What are the conditions of a bailment?

In order for a bailment to exist, the bailee must have both the intent to possess the property, and actual possession the property. The bailor intends that the property will be returned to him at the end of a specified period of time, or after the purpose for which the property was given has been completed.

How do I create a bailment?

To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel. In a bailment, the bailor is generally not entitled to use the property while it is in possession of the bailee.

Constructive bailment means an implied bailment which arises when one comes into lawful possession of personal property of another, other than by mutual contract of bailment; such possessor may be treated as a bailee of property by operation of law and may reasonably be referred to as a constructive bailee. Isik Jewelry v. Mars Media, Inc., 418 F. Supp. 2d 112, 124 (E.D.N.Y. 2005)