(Q4) Bailments, Carriers

Question 1

Bailment

Answer 1

Transfer of possession, but not title, to personal property from the owner to another for a particular purpose, such as protect, fix, use, store, or sell

Question 2

Bailor

Answer 2

Owner of personal property

Question 3

Bailee

Answer 3

The person to whom property is transferred

Question 4

Does title to property transfer to the bailee?

Answer 4

No, title does not transfer from bailor to bailee
- Must be agreement that property be returned to bailor or at their direction

Question 5

Types of Bailment and Liability of Bailee

Answer 5

• Degree of liability of the bailee in the event of loss or damage
• Sole benefit bailor
• Sole benefit of bailee
• Mutual benefit of both parties

Question 6

Sole Benefit of Bailor

Answer 6

Slight degree of care

Question 7

Sole Benefit of Bailee

Answer 7

Extraordinary care

Question 8

Mutual Benefit of Both Parties

Answer 8

Reasonable ordinary care

Question 9

What type of bailment should funeral homes possess?

Answer 9

Mutual benefit bailment and reasonable care must be exercised

Question 10

Carrier

Answer 10

a person or company that undertakes the professional conveyance of goods or people

Question 11

Types of Carriers

Answer 11

• Private
• Common

Question 12

Private Carrier

Answer 12

Transports people or goods under special circumstances

Question 13

Common Carrier

Answer 13

• Offers services to anyone
• transports goods or people
  ex. air planes, trains

Question 14

what type of carrier are funeral homes?

Answer 14

Private Carriers

Question 15

Consignor

Answer 15

Gives goods to carrier to transport

Question 16

Consignee

Answer 16

Person to whom goods are shipped

Question 17

Bill of Lading

Answer 17

Contract between consignor and the carrier

Question 18

Liability of Common Carrier Goods

Answer 18

Strict liability for loss to goods regardless of fault

Question 19

Liability of Common Carrier of People

Answer 19

Not strict liability, must be showing of negligence
- for planes and trains etc: duty of care is reasonable when in the terminals and highest degree of care when on board

Question 20

F.O.B Point

Answer 20

Designated point to which seller bears risk of loss

Question 21

Liability of funeral home as a private carrier

Answer 21

Liable for negligence of agent drivers