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'Trust' implies whereby one person holds the personal or proprietary rights on behalf of another.

'Bailment' is only the transfer of possession of a personal property to another for a limited purpose (http://www.legalgist.com/meant-bailment).

In Trust you transfer the rights of an owner (limited or extensive they may be) to the Trustee for the benefit of the Beneficiary. Whereas in Bailment you only transfer the 'possession' of the property for some purpose e.g. to keep it safe while you're abroad.

If a Bailee breaches his duty and sells your property to an innocent third party then you can recover the amount of the property from innocent third party under Tort of Conversion. However, if Trustee breaches his duty and sells the property to an innocent third party then you cannot recover it from the innocent third party, only the Trustee has to make good the loss you suffered.

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13y ago
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6mo ago

Trust involves giving control or ownership of property to another person (the trustee) who is expected to manage it for the benefit of another (the beneficiary), while bailment involves giving possession of property to another person (the bailee) for a specific purpose, with the expectation that the property will be returned in the same condition. Trusts are typically long-term arrangements with legal implications, while bailments are usually for a specific, temporary purpose. Trusts involve a fiduciary duty, while bailments involve a duty of care.

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Q: Explain in detail the difference between trust and bailment?
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