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A trustee becomes the owner of the trust property whereas the bailee does not become the owner of the bailed property.
The obligation of bailee is legal, whereas that of a trustee is equitable.
A bailment may be only in respect of movable property whereas trust can be created both the respect of movable property as well as immovable property.
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-A trustee becomes the owner of the trust property whereas the bailee does not become the owner of the bailed property.
-The obligation of bailee is legal, whereas that of a trustee is equitable.
-A bailment may be only in respect of movable property whereas trust can be created both the respect of movable property as well as immovable property.
-In a bailment, generally property comes back to the bailer, whereas in a trust, generally property doesnโt come back to the author.
-The distinction between trust & bailment is well evidenced in the dealings that a trustee & bailee may have with third parties. A trustee may pass the property on to an innocent third party purchaser. A bailee cannot pass any proprietary title on becouse a bailee only holds a possessary title. Furthermore, a bailment can only arise with respect to personal property, whereas a trust can be created over real or personal property.
**TRUST AND BAILMENT**
Trust-- The trustee becomes the owner of the trust property.
Bailment--The bailee does not become owner of bailed property.
Trust--The trustee has an equitable right of the trust property.
Bailment-- The bailee has a legal right.
Trust-- it can be created in respect of movable as well as immovable property
Bailment-- it arises only with respect of movable property.
Trust--the property does not come back to author in normal situation.
Bailment-- In bailment the property comes back to the bailor normally.
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Difference Between Trust and Bailment:
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* A trustee becomes the owner of the trust property whereas the bailee does not become the owner of the bailed property.
* The obligation of bailee is legal, whereas that of a trustee is equitable.
* A bailment may be only in respect of movable property whereas trust can be created both the respect of movable property as well as immovable property.
* In a bailment, generally property comes back to the bailer, whereas in a trust, generally property doesnโt come back to the author.
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