BS Law CH 17 – Flashcards

transfer of possession and control of personal property subject to an agreement to return.

ONLY personal

party who gives up possession of the property

party who accepts possesion

bailees receive actual or constructive delivery of subject matter

person in possession of personal property holds it in a manner that the law makes him or her a bailee's duty to deliver it. Ex: a bank holding money in dispute of 2 litigants.

A person with temporary control, yet it's not a bailment. Ex: A guard watching a painting in a museum. He has some authority to control it, but the owners have power over it.

there is no difference between one unit of goods or another. Ex: 1 gallon of 87-octane gasoline is the same as another gallon of 87-octane gasoline.

an enterprise that agrees, for a fee, transport goods for anyone who applies, provided the goods are lawful and fit for shipment.

fee for use of transportation

keep the goods until charges for transportation an incidental services are paid for or if necessary, after an appropriate amount of time, sell the goods to recover the charges.

the bailor provides personal property for a fee (renting something)

When a person delivers goods to be serviced, repaired, or made into a finished article. Ex: Dropping off clothes at a dry cleaner

bailee will be strictly liable for any damages, loss, or injury to the goods

only one party benefits from the bailment

the bailee will be liable if negligent in some way.

something happened accidentally without consent of bailee. Bailee has to take minimal care.

bailee will on be liable if for harm if the bailed item is ignored, wasted, or destroyed.

1) legislation 2) by contract 3) disclaimer

a sign, label, or warning reducing the bailee's duty of care.

a bailee entitled to payment (allows bailee to keep goods until paid)