Legal Definitions - naked bailment

A naked bailment (also known as a gratuitous bailment) occurs when one person (the "bailor") temporarily entrusts their personal property to another person (the "bailee") for safekeeping or a specific purpose, without any payment or compensation being exchanged for this service. In essence, the bailee agrees to hold or care for the property as a favor, and the bailor does not pay for this service.

Despite the lack of payment, the bailee still has a legal duty to take reasonable care of the property while it is in their possession. The specific level of care required can vary depending on the circumstances, but the fundamental characteristic of a naked bailment is the absence of any financial exchange for the temporary custody of the property.

Here are some examples illustrating a naked bailment:

• Neighbor Holding a Package:

  Sarah is going out of town for the weekend and asks her neighbor, Mark, if he would mind holding a package that is expected to be delivered to her house while she's away. Mark agrees to keep the package safe in his house until Sarah returns.

  This is a naked bailment because Sarah (the bailor) entrusts her package (personal property) to Mark (the bailee) for safekeeping. Mark is not receiving any payment or compensation for holding the package; he is doing it as a favor. Despite the lack of payment, Mark has a legal duty to take reasonable care of Sarah's package while it is in his possession.

• Friend Storing Belongings During a Move:

  David is moving apartments and needs a temporary place to store a few boxes of books and a small armchair for a week before his new place is ready. His friend, Emily, offers to let him keep them in her spare room.

  Here, David is the bailor, entrusting his boxes and armchair (personal property) to Emily, the bailee. Emily is not charging David for the storage space; she is providing the service gratuitously. This arrangement constitutes a naked bailment, meaning Emily is expected to exercise reasonable care over David's belongings while they are stored in her home.

• Leaving a Coat at a Party:

  At a house party, Alex takes off his expensive winter coat and asks his host, Ben, if he can just toss it on a spare bed in a back room to keep it out of the way. Ben says, "Sure, no problem."

  Alex (the bailor) has given his coat (personal property) to Ben (the bailee) for temporary safekeeping. Ben is not being paid to watch the coat; he is simply accommodating his guest. This is a naked bailment, and Ben, as the bailee, has a legal obligation to exercise a certain level of care to ensure the coat is not damaged or lost while it is in his temporary possession.