Commercial Law (LAWS 2210) Lionel Hardcastle v Alistair Deakin A bailment came into existence when Lionel delivered the computers into Alistair’s possession upon the promise that Alistair would deliver them to Jeannie . It is essential to show the computers were in Alistair’s actual possession, otherwise, there would be no bailment . In the ordinary course of business, it can be assumed that delivery of the goods occurs when the consignment note is signed. The clause …showed first 75 words of 1074 total…

…showed last 75 words of 1074 total…Lionel’s consent could be implied from providing Alistair with the right to sub contract the freight of goods with no specific instructions as to precise terms. Consequently, the exclusion clause functions to relieve FabFreight of liability for damages to the computers. Similarly, s.68A of the Trade Practises Act acts to validate the exclusion clause on the basis that this is a commercial transaction where the bailment was for business purposes of the bailor.