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What is Gratuitous Bailment: Contract vs. Tort about?

This document summarizes an article that discusses whether gratuitous bailments should be considered a contract or a tort. It outlines how English courts historically treated gratuitous bailments as contracts by implying consideration in the form of the bailee being trusted with goods. However, more recently courts have moved away from this fiction and emphasized that gratuitous bailments do not inherently involve contractual elements or consideration. The document discusses a key New Zealand case that reje

Author

Kabir Mohan

Language

EN