Understanding Voluntary Bailment

What is a voluntary bailment?

When the bailment is created intentionally and by an agreement between the bailee and the bailor, a voluntary bailment exists. The elements of a voluntary bailment include the following:

• There should be an express or implied agreement between the parties.
• There should be delivery of goods from one party to the other.
• The bailee must have control over the goods.
• There should be an understanding that the goods are to be returned once the purpose of the bailment is fulfilled.

Consequently, the example given in the question falls under a voluntary bailment as Delacroix intentionally retrieved and anchored the boat after seeing it adrift. Also, the fact that the boat has a number on its side and other evidence linking it to its owner, Elvira, points to an agreement between Delacroix and Elvira. Thus, it was a voluntary bailment.

Voluntary Bailment Explanation

Voluntary bailment refers to a situation where goods are transferred from one party to another with the intention of creating a bailment. In this type of bailment, there is a clear agreement between the parties involved regarding the handling and return of the goods.

In the case of Delacroix discovering the boat adrift and anchoring it, the act of retrieving and securing the boat implies an intentional agreement to take care of the property on behalf of the owner, Elvira. By anchoring the boat and evidencing efforts to prevent further loss or damage, Delacroix fulfills the duties of a bailee in a voluntary bailment.

It is important to note that voluntary bailments are based on mutual consent and understanding between the bailor and bailee. The terms of the agreement, including the duration of the bailment and conditions of return, should be clearly communicated and agreed upon.