Coggs v. Bernard (1703)

Contract II (Special Contracts) · Bailment

Facts.

The defendant undertook, gratuitously, to carry casks of brandy for the plaintiff; through his carelessness a cask was staved and the brandy lost. He argued that, since he was paid nothing, he owed no duty.

Issue.

Does a person who takes another’s goods into his possession — even for free — owe a duty of care?

Held.

Yes. Lord Holt classified bailments and held that even a gratuitous bailee who takes possession must take care of the goods; he was liable for the loss caused by his neglect.

Why it matters.

It is the foundation of the modern law of bailment and the graded duty of care later reflected in ss.151–152.

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