Home > West's Encyclopedia of American Law > Bailment

The temporary placement of control over, or possession of PERSONAL PROPERTY by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.

The term bailment is derived from the French bailor, "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been...