When one party permanently attaches something to another party s personal property without permission, ownership of the resulting product passes to the owner of the principal item. To form a bailment, owner must deliver possession and control to a ballee that accepts it. Whether or not a bailment exists is determined from all the facts and circumstances of a particular situation. Can only exists with respect to personal property. A bailee s possession must be legal.
Custody is insufficient to constitute a bailment.
A person who exercises physical control over personal property without intending to possess it has mere custody and not possession. Thus, physical delivery of property by one person to another does not give rise to a bailment unless the recipient knowingly and intentionally accepts possession of the property. Example of Bailment-leaving the your car, and the keys, to a parking attendant. Ballee does not receive title. At the end of bailment, the bailee must return or account for the property.