A Bailment Agreement Must Be Express
A bailment agreement is a type of legal arrangement where one party, known as the bailor, entrusts personal property to another party, known as the bailee. Such an agreement can be made orally or in writing, but it is highly recommended that it be expressed in writing to avoid any misunderstandings or legal disputes.
An express bailment agreement is a written agreement where the terms and conditions of the bailment, such as the duration, conditions for the return of the property, responsibility for damage or loss, and compensation for any harm done to the property, are explicitly stated. The agreement should also include the identity of both parties, the date of the agreement, and the nature of the property.
The primary advantage of an express bailment agreement is that it provides clear and specific terms, which can be used to resolve any disputes between the parties. It helps the parties to understand their respective rights and obligations, and it provides a precise record of the agreement.
For instance, if the bailor entrusts a valuable piece of art to a bailee for an exhibition and signs an express bailment agreement, the terms of the agreement will dictate that the artwork must be returned in the same condition as it was when it was received. If the artwork is damaged during the exhibition, the agreement can be used to determine who is responsible for the damage and what compensation should be paid.
On the other hand, an oral bailment agreement, where the terms are not explicitly stated, can lead to misunderstandings and legal disputes. For instance, a bailor who entrusts their car to a valet without an express agreement may not be adequately protected if the car is damaged or stolen while in the valet`s care. Similarly, if a person leaves their coat with a cloakroom attendant, an oral bailment agreement may not provide any clear documentation of the agreement.
In conclusion, an express bailment agreement is a critical legal tool that can help protect both parties in a bailment arrangement. It provides clear and specific terms that can be used to resolve any disputes that may arise. Therefore, it is highly recommended that any bailment agreement be expressed in writing and signed by both parties.
