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Posted by phred (more from phred) on Tue, 21 Oct 2003 13:58:15
In Reply to: Here's the concept, phred, Tue, 21 Oct 2003 13:55:43
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Parties to a bailment contract are called the bailor and bailee. The bailor is the party who surrenders the property and the bailee is the party who receives the property. For a bailment contract to exist the bailee must be given physical possession and control over the property. The bailee must know that the property has been delivered to him/her and he/she must have an intention, express or implied from the circumstances, to exercise control over the property.
The contract of bailment may be expressly agreed upon, in writing or verbally, or it may be implied from the circumstances of the transaction and the conduct of the parties.
The standard of care for the safety of the property that must be exercised by the bailee, the person who has received the property, depends upon the purpose of the bailment, namely, whether it is for the benefit of the bailee alone, or the bailor alone, or for their mutual benefit. (For example, if a car is stored in a parking garage where the garageman will receive a fee for parking, this is a bailment for the mutual benefit of the bailor and bailee since it serves the purposes of both. If, however, a neighbor borrows a lawnmower, the neighbor is a bailee for his/her own benefit of using the lawnmower on his/her lawn and the owner of the lawnmower receives no benefit from that bailment. If a person is asked to keep his/her neighbor's canary for a few days while his/her neighbor is on vacation, the person who receives the canary is a bailee without any benefit to himself/herself but solely for the benefit of the bailor.)
Ain't law fun?
posted by 216.205.22...
Posts in this Thread:
- OT, legal advice., Jimbo, Tue, 21 Oct 2003 13:15:59
- I'm not an attorney ,............, andy , Tue, 21 Oct 2003 14:08:13
- Here's the concept, phred, Tue, 21 Oct 2003 13:55:43
- For example, phred, Tue, 21 Oct 2003 13:58:15 <-- Viewing This Message
- Re: OT, legal advice., Richard Miller, Tue, 21 Oct 2003 13:18:06
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