BU231 Chapter Notes - Chapter 15: Pawnbroker, Quantum Meruit, Bailment

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26 Jan 2013
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Bailment a transfer of possession of personal property without a transfer of ownership. Bailor owner or transferor of the goods. Bailee party accepting possession of goods from a bailor. Most bailments are contractual and involve payment, but a bailment can also occur without there being any contract between a bailor and bailee. The essential elements of bailment are delivery of possession without the intention to transfer title and with the intention that the property shall be returned to the bailor. A bailment may also be involuntary; if a customer leaves a coat behind in a restaurant, the restaurateur becomes a bailee of the coat and cannot refuse to return it at the customer"s request. Gratuitous bailment a bailment where one party provides no consideration, or where there is no intention to create a contractual relationship. Sub-bailee a person who receives a bailment of property from a bailee.

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