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Shan G
Shan G, Solicitor
Category: UK Property Law
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Experience:  9 years experience working within the property and construction industry
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baillee - bailee for reward

Customer Question

in the jewellery trade we are told when we take in repairs we become the bailee and the bailee for reward, could you explain why, or clarify - is it that we become bailee first when taking in repair and then bailee for reward when the repair is done, or could it be that some items come in for estimates first which we dont charge for, so then we are bailee and it only becomes bailee for reward when an estimate is accepted and the work goes ahead? i think im almost answering my own question but i need someone to confirm this before i write it. Thanks
Submitted: 4 years ago.
Category: UK Property Law
Customer: replied 4 years ago.
Relist: No answer yet.
Customer: replied 4 years ago.
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Customer: replied 4 years ago.
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Expert:  Shan G replied 4 years ago.

Bailment is the delivery of personal items by its owner to a third party on the condition that it will be returned as soon as the conditions of the bailment have elapsed or been performed. The bailer delivers and the bailee takes delivery of the items.

 

There are many different types of bailment and the bailee's duty will vary accordingly. Where you take delivery of an owner's items so that you can derive some sort of benefit, you are called a bailee for reward. This would apply to your circumstances where you take jewelry in for repair. The ‘reward' would be your fee for fixing the jewelry.

 

If the goods are lost and damaged, and it is alleged that the bailee failed to take sufficient care, the onus of proof lies on the bailee to establish that, in the circumstances, he took an appropriate degree of care, or that his failure did not contribute to the loss.

 

I'm not sure where you got this distinction between bailee and bailee for reward. There are other types of bailees but in this instance you would only be a bailee for reward.

 

I hope you have found this post useful however if you have any further questions, please feel free to ask. If you have found this answer helpful, kindly click on the accept button so that I may be paid.

 

Regards

 

Customer: replied 4 years ago.

I understand the differences between Bailee & Bailee for reward but on out assingment question it says "N.B when booking in customers items for repair the jeweller becomes bailee & bailee for reward." - i just dont see how you can be both at the same time, unless as i put in my original request, it is that sometimes there is no reward as customers may not accept the estimate and not have the work done. thanks.

Expert:  Shan G replied 4 years ago.

You cannot be both at the same time. Since you are receiving a fee for cleaning jewelry you are obtaining a benefit and therefore you are a bailee for reward.

 

I hope this clarifies this position.

Customer: replied 4 years ago.
Thankyou for trying, but i think i will have to go back and ask the National association of goldmiths, why? as they are the ones saying we ARE both at the same time.

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