Ch. 16

Question 0

party who gives up possession of property

Answer 0

Bailor

Question 1

party who accepts possession

Answer 1

Bailiee

Question 2

bailee receives & accepts the goods themselves

Answer 2

Actual Bailments

Question 3

bailee receives &
accepts a symbol of the personal property
rather than the property itself

Answer 3

Constructive Bailment

Question 4

In order for a bailment to arise, both
possession and control of the goods must shift
from the bailor to the bailee.

Answer 4

Control

Question 5

having temporary control of another’s personal property yet

Answer 5

Custody

Question 6

Usually goods are returned to the bailor or the bailor may identify another party to whom the goods will be delivered

Answer 6

Disposition of the Goods

Question 7

There is no difference between one unit of goods

and another. Goods of an identical nature need to be returned

Answer 7

Fungible

Question 8

Enterprises that agree, for a fee to transport goods for anyone who applies, provided the goods are fit for shipment.

Answer 8

Common Carriers

Question 9

a fee for use of the transportation vehicle when it is not loaded or unloaded at the agreed
time.

Answer 9

Charge Demurrage

Question 10

retain the goods until charges for transportation and incidental services are paid

Answer 10

Enforce a Carrier’s Lien

Question 11

occurs when the bailor provides personal

property for use by the bailee bailee must abide by the contract & may be liable for property damages.

Answer 11

Bailments for Hire

Question 12

when a person (bailor) delivers goods to serviced, repaired, or made bailment for service results if the goods are damaged or destroyed & bailee exercised ordinary care – the loss falls on the bailor who owns them

Answer 12

Bailment a for services

Question 13

bailment in which ownership remains the manufacturer or wholesaler (bailor) until the goods are sold bailment is also created when a merchant sends

Answer 13

Consignment

Question 14

the prospective buyer may use the goods to decide whether to buy them

Answer 14

Sales on approval

Question 15

when goods are bailed with common carriers and hotels

Answer 15

Extraordinary Bailment

Question 16

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

Answer 16

Extraordinary Care

Question 17

when only one party benefits from the bailment

Answer 17

Gratuitous Bailment

Question 18

means bailee will be liable if negligent in some way

Answer 18

Ordinary Care

Question 19

consideration is given & received by both bailor & bailee; invokes ordinary care

Answer 19

Mutual-Benefit Bailment

Question 20

means the bailee must not ignore, waste, or destroy the bailed property; bailee must make minimal effort to identify the owner

Answer 20

Minimal Care

Question 21

raises issue of whether the goods are lost or misplaced

Answer 21

Involuntary Bailment

Question 22

a bailee entitled to payment is granted the right under the law.

Answer 22

Bailee’s Liens