Murdoch University Research Repository

Welcome to the Murdoch University Research Repository

The Murdoch University Research Repository is an open access digital collection of research
created by Murdoch University staff, researchers and postgraduate students.

Learn more

Sub-Bailment on terms and the Australian consumer

Lewins, K.ORCID: 0000-0001-5276-2777 (2002) Sub-Bailment on terms and the Australian consumer. E-law Journal, 9 (3).

[img]
Preview

Abstract

Bailment has been described as an "amorphous hybrid" of the law of voluntary and involuntary obligations, and a law with "its own trajectory".[1] Before the decision of the Privy Council of "Pioneer Container"(KH Enterprise (cargo owners) v Pioneer Container (owners)(Pioneer Container),[2] both the basis and the trajectory were unclear. That decision clarified that it was the bailee's consent that was the keystone to the formation of a bailment relationship. More significantly for the purpose of this article, the judgement outlined the circumstances when a sub-bailee will be entitled to rely on its terms and conditions against the owner of the goods - the bailor.

There has been much said about the Pioneer Container case, regarding the significance of the judgement in bailment and the doctrine of sub-bailment on terms. [3] However there seems to have been little consideration of the effect of the doctrine on consumers. In a sense this is ironic, as one of the founding cases of sub-bailment on terms could be termed a consumer case.[4] This article examines whether the safeguards in the doctrine, as incorporated by the Privy Council, compares with protection afforded to a consumer in contract.

Item Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: Murdoch University. School of Law
Publishers Website: http://www5.austlii.edu.au/au/journals/MurUEJL/200...
Other Information: Paper presented at the Australasian Law Teachers' Association annual conference hosted by Murdoch University School of Law, Perth, Western Australia September 29 - October 2 2002
URI: http://researchrepository.murdoch.edu.au/id/eprint/54614
Item Control Page Item Control Page

Downloads

Downloads per month over past year