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BLAW > Property Law Bailments > Flashcards

Property Law Bailments Flashcards

1
Q

The bailor vs the bailee: This party delivers the bailment

A

The bailor
Without transferring title for a specific purpose (ex loan, lease, repair, or transport)

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2
Q

The bailor vs the bailee: The person receiving the bailement

A

The bailee

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3
Q

Bailment Real or Personal Property

A

Only personal property (not real property) can be bailed

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4
Q

delivery of possession

A

-Without transferring title for a specific purpose (ex loan, lease, repair, or transport)
-the bailee must have exclusive possession and control
-the bailee must knowingly accept the property

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5
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Known as gratuitous bailment

A

bailment for the sole benefit of the bailor

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6
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Bailee owes a slight duty of care; liable only for gross negligence

A

bailment for the sole benefit of the bailor

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7
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Example Allen asks Sumi to store his car in her garage for free. Sumi is only liable for damage caused by gross negligence

A

Sole Benefit of the Bailor

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8
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Bailee owes utmost care; for even slight negligence

A

Bailment for the sole benefit of the bailee

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9
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Bailee borrows the property for their benefit

A

bailment for the sole benefit of the bailee

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10
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Bailee borrows the property for their benefit

A

Bailment for the Sole Benefit of the Bailee

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11
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Ex Jeremy borrows Sumi’s boat. IF he damages it through negligence, he is liable

A

Bailment for the Sole Benefit of the Bailee

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12
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Contractual arrangement

A

if contractual. arrangement for mutual gain

Mutual Benefit Bailment

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13
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Ex bailment for hire

A

mutual benefit bailment

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14
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Bailee owes a reasonable duty of care

A

Mutual Benefit Bailment

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15
Q

Types of Bailment Bailment for the Sole Benefit of the Bailor vs Sole Benefit of the Bailee vs Mutual Benefit : Eg Allen pays Midas to change his car’s oil. if Midas is negligent (eg fails to replace the oil properly), Midas is liable for resulting damages

A

Mutual Benefit Bailment

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16
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Transports goods for the public

A

Common Carriers

17
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Held to strict liability (responsible for all losses and damages except for natural disasters or acts of war)

A

Common Carriers

18
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): permitted to set a monetary cap on their liability for damages. This limitation must comply with government regulations and is often stipulated in a written contract or tariff.

A

Common Carrier

19
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators):Can set a maximum allowable value for the items they agree to transport.

A

common carrier

20
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Store goods from compensation

A

Warehouse Companies

21
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Liable for loss or damage due to negligence

A

Warehouse Companies

22
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Can limit dollar liability under UCC Article 7

A

Warehouse Companies

23
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Bailors may pay higher fees for increase liability limits

A

Warehouse Companies

24
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Receipts

A

Warehouse Companies
Warehouse receipts are documents that describe bailed property and terms
Given by warehouse to the bailor when goods are stored

25
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Negotiable Receipts

A

Special type of warehouse receipt that can be transferred to soeone else, giving them the right to the claim the stored goods

26
Q

Example of What Type of Receipt Warehouse Receipt vs Negotiable Receipt: Example: Ossip delivers cases of corn to a warehouse. When he sells the receipt to Better Foods, they can claim the corn.

A

Negotiable Receipt

27
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Hsitorically owners were strictly liable for bailor property

A

hotel owners were strictly liable for guest property

28
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Must maintain a secure safe or vault

A

Hotel Operators

29
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Must maintain proper locks and bolts on doors, transoms, and windows

A

Hotel Operators

30
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): Must maintain notices of liability limits posted conspicuously

A

Hotel Operators

31
Q

Special Type of Bailments (Common Carriers, Warehouse Companies, Hotel Operators): liable if they refuse to accept or provide a receipt for deposited valuables.
Liability is capped at $300

A

Hotel Operators

BLAW (10 decks)

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