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conditions for bailment
- 1. One can only bail chattels
- 2. Possession of goods must pass to bailee
- 3. Bailor must retain a superior proprietary interest/there can be no change to the chattel
- 4. Consent of the bailee
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Possession
- Ashby v Tolhurst: licencee
- Always Win: in-out system to prevent theft => bailment
- Ho Sui Kam: open space, iron fencing, patrol once in an hour, carpark owners does not have the key of the car => licencee
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superior proprietary interest
- possessory interest subordinate to bailor's interest, i.e. return the chattel to bailor or deal with it according to the bailor's instruction. Wincanton
- substitution of the goods: Foley v Hill (Bank); Mercer v Craven Grain Storage
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