Odger's English Common Law

BAILMENT. 27
walk across his land, this is not the grant of an easement,
but a mere licence which renders B.'s action in walking across
A.'s land lawful, and not, as it would otherwise have been, a
trespass. A licence is a personal right, and cannot be sold
or transferred to any one else ; if not previously withdrawn,
it dies with the man to whom it is given. Moreover, unlike
an easement or a profit d prendre, it can as a rule be revoked
by the licensor, unless the licensee has paid money for it. 1
So far we have dealt mainly with rights over land. But
instances occur every day in which one man has rights over
things which belong to another. Take, for instance, a bail-
ment.
A bailment arises where the owner of goods voluntarily
hands over possession of them to another person, not his
servant, upon a trust or under a contract that the other shall
do something with or to the goods, and then return them to
the owner or deliver them to his order. Two ingredients are
essential to a bailment—a delivery, and a trust or contract.
The person who so delivers the goods is called the " bailor."
The person who accepts such delivery under such trust or
contract is called the " bailee." The goods remain the property
of the bailor, but the bailee has the possession of them, which
carries with it the right to recover them from any wrong-doer
who dispossesses him of them during the continuance of the
bailment. The rights thus conferred on the bailee carry with
them a corresponding duty : viz., he must with due diligence
execute the trust or perform the contract, which is the con-
sideration for the delivery of the goods to him. The degree
of care which the law exacts from him will vary with many
circumstances ; if, for instance, he is paid for his services, he
must take greater care than would be required of a gratuitous
bailee. 2
The most, common instance of a bailment is the delivery of goods to a
railway company or other carrier, who expressly or impliedly undertakes to
deliver them safely and securely at the destination named, and who is
entitled to receive from the bailor payment for the carriage.
1 As to when a licence cannot be revoked, see post, pp. 578—580.
2 See Bailments, pnst, pp. 635—640.