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Coverage by Bryan K. Randolph · BrynoDC
Coggs v. Bernard
District · Teaching/Historical
Case Overview
Coggs v. Bernard (1703) is a foundational English bailment case decided by the Court of King's Bench, with Chief Justice Sir John Holt delivering the leading judgment. The defendant undertook without payment to move casks of brandy from one cellar to another and did so negligently, spoiling some of the goods.
The Conclusion
Holt CJ held that a bailee who voluntarily undertakes to carry goods can be liable in negligence for damage even without consideration, resting liability on the trust reposed in the bailee rather than on a formal contract. His judgment set out the six sorts of bailment and displaced the strict liability of Southcote's Case.
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