There is a choice of remedies in bailment as it is a transaction sui generis1 and a claim against a defaulting bailee may (according to circumstance) lie in contract, tort or bailment2. The measure of damages is that appropriate to the cause of action. A restitutionary claim, grounded on either the bailor's or the bailee's unjust enrichment at the expense of the other, may also be available3.
Negligence and conversion are the principal torts committed by a defaulting bailee4. Whenever they constitute the particular causes of action upon which the bailor sues, damages are awarded according to the specific
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