Pennington v De Wan

Bailment – Gratuitous bailment. The Chancery Division ruled on the assessment of damages, following a judgment in default in favour of the claimant in respect of her claim against her former boyfriend concerning a prestige car, which she had bought and had allowed him to use, and which had been damaged while in his custody. The claimant brought the claim following the acrimonious breakdown of the relationship. The court held that the car had been bailed to the defendant and that he had failed to satisfy the court that the damage, which had occurred during the bailment, had not occurred through his fault. The defendant was held to be liable for a total of £8,495, plus interest.

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