Legal Definitions - breaking-bulk doctrine

The breaking-bulk doctrine is a historical legal rule that determined whether a bailee (someone who temporarily holds someone else's property) committed larceny (theft of personal property) when wrongfully taking property delivered in bulk.

The rule stated that if the bailee broke open the container and took part or all of the contents, then they committed larceny. However, if the bailee wrongfully took the property without opening the container, then it was considered theft but not larceny.

For example, if a delivery driver was entrusted with a crate of apples to deliver to a grocery store, but instead took some of the apples for themselves before delivering the rest, they would only be guilty of larceny if they broke open the crate to take the apples. If they took the apples without breaking open the crate, it would still be considered theft, but not larceny.

This rule was important in determining the severity of the crime and the corresponding punishment. It is no longer widely used in modern legal systems.