Mr and Mrs Da Rocha also submitted that there was no clear separating line in some cases between an involuntary bailee and a gratuitous bailee.
Therefore it did not define what an involuntary bailee should have done to satisfy the test of doing everything that was right and reasonable.
The bailee must knowingly accept possession of the bailed property.
Part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor.
Perhaps the most interesting vein of potential development lies in the argument that States are bailees of those cultural objects of which they have unilaterally assumed possession on some protective or custodial pretext.
That States may become bailees through a compulsory taking of possession is clearly suggested by an Israeli case, where the army during a military emergency took possession of a truck and its contents belonging to one of its citizens.
Relying in part on the duty owed by the police as bailees of the work, Judge Brieant said he granted this application gladly:
In the Toren case the interval between the taking of possession and the demand for delivery up was so short that it might be unrealistic to allege that the authorities became bailees at an earlier time than the claimant's demand.
The Judge recognised that when goods are lost while in the possession of a bailee
, the bailee
must prove either that he took reasonable care of them or that his failure to do so did not contribute to the loss.
It is more surprising because it indicates that the 'improvement' can be realised after the object has been placed in the care of the bailee
in circumstances where the bailor might be unaware of the significance of the object (although in this case Mr Spencer was himself of the view that the textiles were significant).
The sellers argued that, being unaware of the claimant's title to the goods, they were not bailees
of the claimant and owed no duty of care.
who reasonably suspects that the bailed goods are criminal property might also reasonably expect that the terms of the bailment will entitle him to check the legal status of the goods before transferring them (to the bailor or anyone else) or agreeing to remain in possession.