Ujjwal Kumar, Gujarat National Law University
ABSTRACT
This Thesis offers a comprehensive examination of the legal construct of bailment within the domain of admiralty and maritime jurisprudence. Bailment, understood as the temporary vesting of possession of chattels from a bailor to a bailee, is a pivotal legal doctrine underpinning maritime commerce, delineating the rights, duties, and liabilities of the parties involved in the custody, transport, and safekeeping of goods traversing navigable waters.
The discourse elucidates various species of bailment, including but not limited to gratuitous bailment, bailment for reward, constructive bailment, bailment by pledge, bailment arising from necessity, and involuntary bailment, emphasizing their distinct application within maritime contexts. Legal precepts and authoritative case law, notably “The Winkfield [1902]”, are analysed to underscore the standard of care imposed upon bailees, whether the bailment arises from express contractual relations or is imputed by operation of law. This inquiry explores the intersection of these obligations with maritime perils, salvage rights, and international trade regulations. The work further expounds upon the statutory and contractual frameworks governing bailments in maritime law, invoking both national statutes and international conventions.
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