First Principles of Business Law

Property law

3. Property rights in chattels

3.5.5. Bailment for repair

 

 

 

One of Albert's delivery vans begins leaking water from the radiator and overheating. Albert takes it to a local garage and leaves the van with the owner, instructing that it be repaired. The next day he happens to see the mechanic driving the van on a road near the garage.

Which of the following statements is correct?

(a) The mechanic would be allowed to drive the van as part of the repair process, for example, to test drive it, but not for some other purpose, such as going out to lunch.

(b) Provided that the van has been given into the possession of the garage for repair, it may be used for any purpose by the repairer until it is returned to the owner.

 

 

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