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Topic: Bailment


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In the News (Sun 29 Nov 09)

  
  "Bailment" Defined
Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties.
Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee.
Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.
www.lectlaw.com /def/b005.htm   (514 words)

  
 Kaffenbarger Truck Equipment Co. - Bailment
We are a vehicle bailment pool for Chevrolet, GMC and Dodge as well as a Ford chassis line.
If you have questions regarding these pages please contact the webmaster, or contact the bailment department for questions relating to vehicles in the truck pool or logon questions.
If you do not have an email address and would still like to be able to access the inventory, go to www.yahoo.com or www.hotmail.com to register for a FREE email address.
www.kaffenbarger.com /bailment.asp   (275 words)

  
  Bailment information - Search.com
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently holds possession of the property.
Moreover, unlike a security agreement or pawn at a pawnbroker, where the secured party is entitled to the possession and use of the property only on default of payment, a bailor can demand the return of the property at any reasonable time, without prior notice.
Bailment can arise in a number of situations, and is often described by the type of relationship that gave rise to the bailment.
www.search.com /reference/Bailment   (605 words)

  
  4.21 BAILMENT   (Site not responding. Last check: 2007-10-26)
A contract of bailment exists when a person turns over an article of property for a particular purpose or merely for safekeeping to another person who accepts the property with the understanding that it will be returned or kept until reclaimed or otherwise disposed of in accordance with the understanding of the parties.
The contract of bailment may be expressly agreed upon, in writing or verbally, or it may be implied from the circumstances of the transaction and the conduct of the parties.
Where the bailment is for the sole benefit of the bailor, as where property is accepted by the bailee as a favor to the bailor without compensation or other benefit to the bailee, the bailment is known as a gratuitous bailment.
www.judiciary.state.nj.us /civil/charges/421.htm   (1770 words)

  
  Bailment - Wikipedia, the free encyclopedia
Bailment describes a legal relationship where physical possession of personal property (chattels) is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently holds possession of the property.
Moreover, unlike a security agreement or pawn at a pawnbroker, where the secured party is entitled to the possession and use of the property only on default of payment, a bailor can demand the return of the property at any reasonable time, without prior notice.
Bailment can arise in a number of situations, and is often described by the type of relationship that gave rise to the bailment.
en.wikipedia.org /wiki/Bailment   (571 words)

  
 Property Law: Bailment   (Site not responding. Last check: 2007-10-26)
Bailment can arise in a number of situations, and is often described by the type of relationship that gave rise to the bailment.
An involuntary (or constructive) bailment occurs when a person comes into possession of property accidentally or mistakenly, as where a lost purse or car keys are found and need to be protected until properly redelivered -- a bailment is implied by law.
Some establishments even post signs to the effect that "no bailment" is created by leaving your personal possessions in their care, but local laws may prevent unfair enforcement of such terms (especially attended car parks).
www.juiceenewsdaily.com /1105/business/bailment.html?1130875675453   (523 words)

  
 Price v. Brown
In this case, where the allegations of a bailment indicate one mutually beneficial to both parties, the bailee is required to exercise ordinary diligence and is responsible for ordinary neglect.
Under a bailment theory, the plaintiff does not bear the initial burden of producing evidence of the negligent acts or omissions of the veterinarian; however, the plaintiff does bear that burden when professional negligence is asserted.
As noted by the majority, a "bailment" is a delivery of personalty for the accomplishment of some purpose upon a contract, express or implied, that after the purpose has been fulfilled, the personalty shall be redelivered to the person who delivered it in the same or an agreed to altered form.
www.animallaw.info /cases/causpa680a2d1149.htm   (2961 words)

  
 bailment - Definitions from Dictionary.com
NOTE: The typical elements of a bailment are delivery of the personal property, acceptance of the delivery, and possession or control of the property.
Bailments may be created by contracts, either express or implied, which require agreement, and the agreement may also be express or implied.
Contracts for the lease of a car, for sale of goods on consignment, and for the transport of goods are examples of bailments.
dictionary.reference.com /search?db=mwlaw&q=bailment   (250 words)

  
 E Law: Sub-Bailment On Terms and the Australian Consumer - Text
Bailment has been described as an "amorphous hybrid" of the law of voluntary and involuntary obligations, and a law with "its own trajectory".
That decision clarified that it was the bailee's consent that was the keystone to the formation of a bailment relationship.
As a consequence of bailment, the bailee assumes a duty to care for the goods and is liable to the bailor if damage results.
www.murdoch.edu.au /elaw/issues/v9n3/lewins93_text.html   (3633 words)

  
 L. Allen Hahn, P.A., lawyers in Greenville, NC, North Carolina   (Site not responding. Last check: 2007-10-26)
If the bailment is for the sole benefit of the bailor (the owner), the bailee must use extraordinary care and is liable for even the slightest damage to the property.
If the bailment is for the mutual benefit of the bailee and the bailor, the bailor must use extraordinary care, but he is liable only for damage caused by his negligence.
A gratuitous bailment, which is created for the sole benefit of the bailor, only imposes a duty of slight care and results in liability only for gross negligence of the bailor.
www.lallenhahn.com /article.jsp?practArea=31&articleIndex=2   (356 words)

  
 AIRA Newsletter
The methodology entails the OEM issuing a purchase order directly to the Tier 2 supplier for components that are then delivered under bailment to the Tier 1 supplier for conversion to a finished state or assembly into a finished component for delivery to the OEM.
The bailment process can be a viable alternative to standard commercial transactional process provided that the OEM, the Tier 1 and Tier 2 suppliers are well prepared for the commercial and legal differences that accompany this method of business.
Bailment has historically been relegated to special circumstances to temporarily address situations where capacity is lacking or legal constraints are in play.
www.airacira.org /newsletters/2003/octnov/bailment.html   (2112 words)

  
 Use of Bailment in Transferring Technology from a University   (Site not responding. Last check: 2007-10-26)
The modern law of bailment has borrowed heavily from the Roman law, and many of the doctrines of the law of bailments today are directly traceable to Roman sources.
A bailment is essentially an agreement under which the bailee/licensee is permitted to use the tangible property of the bailor/licensor under defined terms and conditions.
"Bailment" means any agreement in which the University permits the commercial or non-commercial access and use of Laboratory Biological Materials or Laboratory TRP for a specified purpose of technology transfer or research and development, including without limitation evaluation, and without transferring ownership to the bailee.
www.autm.net /pubs/journal/98/simpson.html   (3942 words)

  
 Advisory Board of Directors:   (Site not responding. Last check: 2007-10-26)
Both these definitions suppose that the goods are to be restored or redelivered; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties.
Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee.
Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.
www.balticbankinggroup.com /bbgdicionary/Bailment.htm   (470 words)

  
 [No title]
In the case of the bailment for the benefit of both parties the bailee is held to the standard of ordinary care and is liable for ordinary negligence.
In the case of the bailment for the benefit of the bailee, the bailee is held to the standard of great diligence and is liable for a slight neglect.
In the case of the bailment for the benefit of the bailor, the bailee is bound to use only slight care and is held liable only when he is guilty of what is termed “gross negligence.”.
www.state.ak.us /courts/insciv/21.00.doc   (1284 words)

  
 Laws of Fiji - ITC Services Online
A bailment is the delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
In all cases of bailment the bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence would under similar circumstances take of his own goods of the same bulk, quality and value as the goods bailed.
A gratuitous bailment is terminated by the death either of the bailor or of the bailee.
www.itc.gov.fj /lawnet/fiji_act/inde_act_list.html   (2392 words)

  
 The Phoenix Dollar :: Silver Bullion Sales
In the case of refused bailment, you would be contacted to provide us with shipping fees (and insurance if you wish) for the return of your proposed bailment materials.
In all cases, the actual return of refused or revoked bailment materials is the responsibility of the party proposing bailment.
In the event that any element of this bailment agreement should be found unlawful or inapplicable in a particular jurisdiction, the default condition is refused bailment.
www.phoenixdollar.com /policy_bailment   (1035 words)

  
 [No title]
Bailments are said to be of six kinds: (1) Depositum, which is delivery of goods to e kept by the bailor without payment.
The plaintiff argued that the bailment was for the mutual benefit of both parties in which event the defendant must use ordinary care and is liable for ordinary negligence.
Generally, a bailment is created where the operator of a garage has knowingly and voluntarily assumed control, possession, or custody of the vehicle; if the operator has not done so, there may be merely a license to park or a lease of a parking space.
www.subrogation.net /edu/edu4.doc   (4841 words)

  
 Bailment and Veterinary Malpractice: Doctrinal Exclusivity, of Not?
A bailment is a legal relationship "created by the delivery of personal property by one person to another in trust for a specific purpose, pursuant to an express or implied contract to fulfill that trust." [FN60] The person delivering the property is the bailor.
When a bailment is for hire, and the bailee is hired to provide services upon a piece of property, the bailee has a legal duty to provide those services.
Bailment principles developed in response to the reality that the bailee was in the best situation to explain the loss or damage to the property.
www.animallaw.info /articles/arus55hastingslj1009.htm   (7391 words)

  
 Bailment
Bailment is usually done by agreement as a paid service, which gives the property custodian a responsibility and obligation to protect the goods.
If a bailment agreement is set for a fixed term and the bailor fails to claim the property at the end of the term, he may be deemed to have abandoned the property.
The bailee's standard of care is determined based upon the purpose of the bailment, and whether it is for the benefit of the bailee alone, the bailor alone, or for the benefit of both parties.
contracts.lawyers.com /Bailment.html   (872 words)

  
 vetbailment
Anzalone brought an action against the veterinarian and the animal hospital for breach of bailment, negligence, breach of fiduciary duty, and intentional infliction of emotional distress.
Consequently, a bailment contract was not created when the cats were seized, and not violated when the cats were euthanized.
In the bailment for mutual benefit, Rosenthal was held only to a standard of ordinary care.
www.animallaw.com /vetbailment.htm   (1262 words)

  
 Contrato de Depósito y Mandato - Deposit and Agency Agreement (Spanish to English translation glossary) Law: ...   (Site not responding. Last check: 2007-10-26)
"Bailment-The delivery of goods by one person (the bailor) to another (the bailee) so that they may be used for some specified purpose, upon a condition that they shall be redelivered by the bailee to, or in accordance with specified directions of, the bailor, or kept until he reclaims them.
For example, a bailment occurs when someone leaves a car with an auto repair shop to be fixed, or loans a lawnmower to a neighbor, or takes care of a friend's goldfish for a week.
If you wish to understand "bailment" as the "deposit of money" that is fine, but I believe this would prompt a miscue in 99% of the cases since (once again) "bailment" is by definition the delivery of goods, not the deposit of money.
www.proz.com /kudoz/1851404   (2394 words)

  
 Iowa Department of Alcoholic Beverages
The term "Bailment" means delivery of personal property by a bailor (supplier) to a bailee (Iowa ABD) for specific purposes under an express or implied agreement of both parties.
A "Bailment Authorization Form" (Sample B) granting Iowa ABD authority to effect the removal of the supplier's product from bailment by Iowa ABD through shipment or continuing basis will be requested from the supplier's designee or agent.
Bailment is not to be confused with "consignment sales" as consignment sales are illegal as specified by the Bureau of Alcohol, Tobacco and Firearms (BATF).
www.iowaabd.com /alcohol/listing/liquor/bailment_invent_system.jsp   (342 words)

  
 Chapter 48 Terms
bailment at will—A bailment without a fixed term; can be terminated at any time by either party.
bailment for a fixed term—A bailment that terminates at the end of the term or sooner by mutual consent of the parties.
ordinary bailments—(1) Bailments for the sole benefit of the bailor, (2) bailments for the sole benefit of the bailee, and (3) bailments for the mutual benefit of the bailor and bailee.
people.morrisville.edu /~kellyjw/48terms.htm   (906 words)

  
 Bailment Law and Legal Definition - USlegalforms.com
A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property.
There are different types of bailments- "bailments for hire" in which the custodian (bailee) is paid, "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible.
When a bailment is for the exclusive benefit or the bailee, the bailee owes a duty of extraordinary care.
www.uslegalforms.com /legaldefinitions/b/bailment.php   (408 words)

  
 [No title]
The dispute concerns plaintiff’s contention that the defendant, as bailee, did not exercise that degree of care for the safety of the property as was required by law and that as a proximate result of defendant’s conduct the property was (damaged, destroyed or lost).
Where Bailment is Disputed In this case the plaintiff contends that he/she was a bailor of property and that defendant was the bailee of his/her property.
Mutual Bailment A “mutual bailment” is a bailment which is beneficial to both the bailor (the person who surrenders the property) and the bailee (the person who receives the property).
www.judiciary.state.nj.us /civil/charges/4.21.doc   (1624 words)

  
 FORWARDERLAW.COM : LIBRARY
A bailment is effected by a transfer of possession (but not of ownership) from one party, the bailor, to another, the bailee.
An examples of a substitu5tional bailment would be the transfer of possession of the goods from container terminal to carrier in the case of a port to port bill of lading where the terminal and carrier each only assume segmented responsibility for their part of the movement.
A bailment may be a bare bailment or a bailment on terms.
www.forwarderlaw.com /library/view.php?article_id=14   (483 words)

  
 Cybertelecom :: Bailment
If monopoly were the basis of the carrier's special responsibilities, it would be inconsisten with the policy of the law to allow the carrier to avoid its responsibilities in this manner, at least in the absence of close scrutiny.
Furthermore, this branch of the law of common carriers was concerned almost exclusively with bailments (the custody of goods).
While there is dicta concerning the common carrier's duty to serve, and to charge a reasonable priace, these almost invariably were steps in judicial reasoning designed to establish a consideration for the carrier's responsibility (the chipper's duty to pay) [Bastard v.
www.cybertelecom.org /notes/cc_bailment.htm   (543 words)

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