ADMS 2610 Lecture : The Law of Property - Chapter 21 - The Law of Bailment

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Nature of bailment: bailment, bailor, bailee, sub-bailment, liability. Types of bailment: bailment for reward, bailment for repair or service. Sub-bailment: bailee becomes the sub-bailor, and someone else becomes sub-bailee. allowed under a common custom or practice of a trade. Delivery: delivery must take place before the bailor-bailee relationship comes into existence, delivery can be apparent. Possession: requirement of delivery of possession. Includes constructive possession: title retained with bailor (bailee receives possession only), bailee rights. Interference with property; or y y wrongful injury to the goods. Returns of goods: must return goods or dispose of goods according to bailor s instructions, same goods must be returned. exception: fungible goods must return same quantity and same quality. Liability of loss or damage: standard of care. different standards for each of the forms of bailment. bailee s liability varies from one type of bailment to another.

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