Is a written agreement required for a bailment that is Implied?
In legal terms, if a bailment is implied, no written agreement is necessary unless the statute of frauds applies. Implied bailment is a scenario where no express agreement existing between the parties, but the terms are inferred from their actions.
Understanding Implied Bailment
Implied bailment is a concept in legal terms where there is no need for a written agreement between the parties involved unless the statute of frauds applies. It occurs when the terms of the bailment are inferred from the actions of the parties, rather than explicitly stated in a contract.
How Implied Bailment Works
In the context of bailment, an implied bailment arises when the actions of the parties indicate an agreement, even if no written contract exists. For example, leaving your car in a public parking lot implies a bailment between you (the bailor) and the car park management (the bailee). The bailee is entrusted with the care of your vehicle until you reclaim it.
Example of Implied Bailment
When you leave your car at a valet parking service without signing any written agreement, an implied bailment is created. The valet company is expected to safely park and return your car to you upon your request, even though there is no formal contract in place.
Implied bailments are common in everyday situations where goods or property are entrusted to another party without a formal agreement. While a written contract is not always required for an implied bailment, it is essential to understand the legal implications and responsibilities of both the bailor and the bailee in such scenarios.