Chapter 16 Bailments

Question 1

Bailor

Answer 1

Party who gives up possession of property

Question 2

Bailee

Answer 2

Party who accepts possession

Question 3

Possession

Answer 3

For a bailment to occur, both possession and control of goods much shift from bail or to Bailee

Question 4

Actual Bailment

Answer 4

Bailee receives and accepts the goods themselves

Question 5

Constructive Bailement

Answer 5

Bailee receives and accept a symbol of the personal property rather than the property itself

Question 6

Control

Answer 6

In order for a bail eat to arise, both possession and control of the goods must shift from the bailor to the Bailee

Question 7

Custody

Answer 7

Having temporary control of another’s personal property yet

Question 8

Fungible

Answer 8

There is no difference between one units of goods and another

Question 9

Termination of the bailment

Answer 9

Death, insanity, or bankruptcy of one party can end the relation when the Bailee’s duties cannot be performed by another

Question 10

Common Carrier

Answer 10

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

Question 11

Charge Demurrage

Answer 11

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

Question 12

Carrier’s Lien

Answer 12

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

Question 13

Consignment

Answer 13

Bailment in which ownership remains the manufacturer or wholesaler until the goods are sold

Question 14

Sale on approval

Answer 14

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

Question 15

Extraordinary Bailment

Answer 15

When goods are bailed with common carriers and hotels

Question 16

Extraordinary Care

Answer 16

Means the Bailee will be strictly liable for any damages loss or injury to the goods

Question 17

Gratuitous Bailements

Answer 17

When only one part benefits from the bailment

Question 18

Ordinary Care

Answer 18

Means Bailee will be liable if negligent in some way

Question 19

Mutual benefit bailment

Answer 19

Consideration is given and received by both bailor and bailee invokes ordinary care

Question 20

Involuntary Bailment

Answer 20

Raises issue of whether the goods are lost or misplaced

Question 21

Minimal Care

Answer 21

Means the Bailee must not ignore wage or destroy the bailed property; Bailee mist make minimal effort to identify the owner

Question 22

Legislation

Answer 22

An industry may seek to avoid the duty of care established by the common law by lobbying for legislation with a state legislator or regulatory body

Question 23

Contract

Answer 23

States a change or responsibility in written contract

Question 24

Disclaimer

Answer 24

A sign, labels, or warning reducing the Bailee’s duty of care.

Question 25

Bailee’s Liens

Answer 25

A Bailee entitled to payment is granted the right under the law

Question 26

Bailments

Answer 26

The transfer of possession and so troll of personal property subject to an agreement to return that property or deliver to a 3rd party