The Issues and the Legal Answer.
a)Whether he is liable to pay Grange Garage Ltd the £ 452.00 + VAT quoted for repairs to the vehicle; b)Whether there is any possibility that title has passed to Mr. Moorehead; c)What remedy if any, is available from Grange Garage if title has passed to Mr. Moorehead. d)Whether there is any chance Mr. Portman could recover the vehicle before 9th February, which is the date set for the family reunion, for which he had intended to drive the caravan to Cornwall. e)Whether he is entitled to pick up the caravan from the garage, given that he is sure he is the legal owner
a) Whether he is liable to pay Grange Garage Ltd (GG) the £452.00 + VAT quoted for repairs to the vehicle?
1. Bailment can be define as a transaction under which possession of the goods are handed by one party who is the bailor to another party (the bailee) in terms which normally require the bailee to hold the goods and is subject to certain obligations by the owner. 2. Bailment arises in situations where the bailee is in voluntary possession of the goods belonging to another person (the bailor). Bailment need not arise by contract so long as one can establish that there is a relationship of bailor and bailee as a result of any contractual agreement. 3. In the case of Re Portman, Mr. Portman would be the bailor and Grange Garage would be the bailee. On the facts, it is clear that there was a contract established as Mr. Portman had as a bailor voluntarily handed over the caravan to GG and GG had accepted as a bailee to conduct the repairs on the caravan. It is however unclear on the facts whether there was a written agreement but nevertheless an oral agreement would be sufficient to show the clear intention of both the parties. The only other issue would be whether or not GG had gone beyond their duties by selling the caravan to a...