Case Summary

Coggs v Bernard (1703) 92 ER 107

Bailment; gratuitous bailment; obligations of bailee.

Facts: Bernard entrusted several large casks of brandy to Coggs, to deliver to a cellar. Coggs was not paid for this. Through Coggs' negligence, one of the casks was pierced, and many gallons of the brandy were spilled and lost.

Issue: In these circumstances, was Coggs liable to Bernard for the lost brandy?

Decision: The agreement was one of gratuitous bailment and Coggs was liable to Bernard.

Reason: As a gratuitous bailee, Coggs had legal obligations to Bernard. In particular, he was responsible to keep the goods that he had received into his possession safe. Although a gratuitous bailee is not liable for damage that results from something unavoidable (such as a natural disaster or criminal activity by someone else), the bailee will be responsible for damage that results from their own negligence or wrongdoing. In this case, Coggs' own carelessness had caused the loss and he was responsible for it.