What characterizes a gratuitous bailment?

A gratuitous bailment is characterized by the fact that it can occur without consideration, meaning there is no exchange of payment or a fee involved for the bailment service being provided. In such cases, one party (the bailor) temporarily transfers possession of personal property to another party (the bailee) for a specific purpose, without expecting any compensation in return.

For example, when a person lends a tool to a neighbor to use for a home project, this constitutes a gratuitous bailment because the neighbor is not paying to borrow the tool. The lack of consideration is a key feature that defines this type of bailment.

In contrast, a bailment that involves a rental fee or requires consideration would be classified differently, typically as a mutual or for-profit bailment. Additionally, a gratuitous bailment does not legally require an agreement to be in writing, although having a written record can certainly help clarify the terms of the arrangement. Hence, the defining characteristic of a gratuitous bailment is its nature of occurring without any form of consideration.