Chapter 16 Bailments Flashcards

1
Q

Bailor

A

Party who gives up possession of property

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2
Q

Bailee

A

Party who accepts possession

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3
Q

Possession

A

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

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4
Q

Actual Bailment

A

Bailee receives and accepts the goods themselves

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5
Q

Constructive Bailement

A

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

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6
Q

Control

A

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

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7
Q

Custody

A

Having temporary control of another’s personal property yet

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8
Q

Fungible

A

There is no difference between one units of goods and another

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9
Q

Termination of the bailment

A

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

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10
Q

Common Carrier

A

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

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11
Q

Charge Demurrage

A

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

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12
Q

Carrier’s Lien

A

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

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13
Q

Consignment

A

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

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14
Q

Sale on approval

A

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

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15
Q

Extraordinary Bailment

A

When goods are bailed with common carriers and hotels

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16
Q

Extraordinary Care

A

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

17
Q

Gratuitous Bailements

A

When only one part benefits from the bailment

18
Q

Ordinary Care

A

Means Bailee will be liable if negligent in some way

19
Q

Mutual benefit bailment

A

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

20
Q

Involuntary Bailment

A

Raises issue of whether the goods are lost or misplaced

21
Q

Minimal Care

A

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

22
Q

Legislation

A

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

23
Q

Contract

A

States a change or responsibility in written contract

24
Q

Disclaimer

A

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

25
Bailee's Liens
A Bailee entitled to payment is granted the right under the law
26
Bailments
The transfer of possession and so troll of personal property subject to an agreement to return that property or deliver to a 3rd party