Understanding Business and Personal Law
Bailments
Section 17.2
Personal Property and Bailments
What You’ll Learn
How to define a bailment (p. 368)
How to describe kinds of bailments
(p. 369)
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Bailments - Bussiness Law - Lecture Slides, Slides of Commercial Law
This lecture is from Business Law. Key important points are: Bailments, Kinds of Bailments, Bailment Lawsuits, Common Carriers, Passengers, Obligations, Avoid Difficulties, Mutuum, Gratuitous Bailments, Gross Negligence
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What You’ll Learn
How to define a bailment (p. 368)
How to describe kinds of bailments (p. 369)
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What You’ll Learn
How to explain who has the burden of proof in bailment lawsuits (p. 373)
How to explain hotel keepers’ duties (p. 373)
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Why It’s Important
Understanding the law of bailments can help you avoid difficulties.
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Legal Terms
bailment (p. 368) bailor/bailee (p. 368) mutuum (p. 368) gratuitous bailments (p. 369) gross negligence (p. 370) slight negligence (p. 371)
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Bailments of Personal Property
Main Types of Bailments Bailments for Sole Benefit of Bailor Bailments for Sole Benefit of Bailee Mutual-Benefit Bailments Tortious Bailees Burden of Proof
Section Outline
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Special Bailments
Hotel Keepers Common Carriers
Section Outline
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A bailment is the transfer of possession and control of personal property to another with the intent that the same property will be returned later.
Bailments of Personal Property
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Examples of bailments include:
Bailments of Personal Property
Renting a video. Leaving your car at the shop for repairs. Dropping off clothes at the cleaners.
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In a bailment, neither the bailor nor the bailee intends that title to the property should pass.
The bailee has an obligation to return the same property to the bailor at a later time.
Bailments of Personal Property
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When you loan goods to someone with the understanding that they will be used and later replaced with different identical goods, a mutuum has occurred.
Bailments of Personal Property
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There are three types of bailments:
Main Types of Bailments
- Bailments for the sole benefit of the bailor
- Bailments for the sole benefit of the bailee
- Mutual-benefit bailments
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In the first two types, called gratuitous bailments, property is transferred to another person without either party giving or asking for payments.
Main Types of Bailments
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For example, your friend asks you to look after her car while she is away for a week, and you agree to keep her car in your garage.
Bailments for Sole Benefit
of Bailor
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The bailee owes a duty to use only slight care, because the bailee is receiving no benefit from the arrangement. The bailee is required only to refrain from gross negligence (very great negligence).
Bailments for Sole Benefit
of Bailor
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