ADMS 2610 Lecture Notes - Bailment, Session 9, Fungibility

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Bailor the owner of a chattel who delivers possession of the chattel to another in bailment. Bailee the person who takes possession of a chattel in a bailment. Types of bailment: for reward or gratuitous, reward (high standard of care, gratuitous (lower standard of care, determines standard of care that bailee is held to, higher for special forms of bailment such as common carriers. Bailee becomes the sub-bailor, and someone else becomes sub-bailee: requires permission of bailor, 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. Wrongful injury to the 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.

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