...Bailment The temporary placement of control over, or possession of Personal Property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed. The term bailment is derived from the French bailor , "to deliver." It is generally considered to be a contractual relationship since the bailor and bailee, either expressly or impliedly, bind themselves to act according to particular terms. The bailee receives only control or possession of the property while the bailor retains the ownership interests in it. During the specific period a bailment exists, the bailee's interest in the property is superior to that of all others, including the bailor, unless the bailee violates some term of the agreement. Once the purpose for which the property has been delivered has been accomplished, the property will be returned to the bailor or otherwise disposed of pursuant to the bailor's directions. A bailment is not the same as a sale, which is an intentional transfer of ownership of personal property in exchange for something of value. A bailment involves only a transfer of possession or custody, not of ownership. A rental or lease of personal property might be a bailment, depending upon the agreement of the parties. A bailment is created when a parking garage attendant, the bailee, is given the keys to a motor vehicle by its owner, the bailor. The owner, in addition to renting the space, has transferred possession...
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...Contents Table of cases Introduction Bailment Defined Position under English Law Position under Indian law Conclusion Table of Cases Altas vs. Patil AIR 2004 Ker Atul Mehra And Anr. vs Bank Of Maharashtra on 22 March, 2002 Basanta Kumar vs. Kumud Mitter 1900 Binns vs. Piggot Bevan vs. Waters (1828) Jones vs. Turloe, 1723,8 Mod 172. Blount vs. War Office 1953, Damodar Das Agarwal vs. R. Badrilal Devivder kumas vs chaudhary gulab singh, ILR 1946 Nag Dinesh Pal vs, Chief Engineer Naval Academy AIR 2003 ICIC Bank Limited,vs. Maharashtra Rajya Rashtriya (2005) IILLJ 700 Bom J&K Bank Ltd. Vs. Abdul Samad AIR 2008 j&k. Kaliaperumal Pillai vs Visalakshmi AIR 1938, Legg vs. Evans 1842 Mangalore Catholic Bank ltd. Vs Sundra shetty 1987 . Nath Bros. Exim International Ltd vs Best Roadways, SCC 2000 O’Sullivan vs. Williams, Board of Trustees of the Port of Bombay v. M. Sriyanesh Knitters, AIR 1999 SC 2947, Parakh vs King Emperor AIR 1926 Oudh Shipping Corpn. Of India vs Monica India And Ors. on 18 March, 201 State Bank Of Patiala vs Northland Sugar Complex Ltd. on 30 January, 2004 Ultzen vs Nicols 1894, Wicks Farming v. Waraluck Mining P/L (1996) 1 QdR 99 Introduction The Bailment is another type of special contract and it is necessarily dealt with by the Contract Act. Since it is a ‘contract’, naturally all basic...
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...LW300 TUTORIAL WEEK 12 Advice to Lloyd The issue in this case is whether there is a bailment. It seems that there is a bailment as the possession and control of Rusty was transferred to Clifton, but not the ownership of the dog. The bailment appears to be gratuitous as the boys were friends. Therefore Clifton will be obliged to satisfy a higher duty of reasonable care even if the bailment is gratuitous because Clifton is a vet specialist . The obligation assigned to Clifton was to look after Rusty which he was consented to. The consent given by Clifton would have made a reasonable person like Lloyd to trust that his dog would be cared for in a professional manner. In fact Clifton had held him out as a person to be trusted to care for the dog because he has a standing as a vet specialist. However in the facts it was noted that he failed in his duty to take reasonable care to feed Rusty which led to its disappearance and death . Clifton has breached his duty of care during the bailment . In the case of Coldman v Hill, the owner agreed with another man for his cattle to graze in another’s farm. Some of them were stolen and the defendant although had knowledge of this, did not inform the police or take reasonable steps to recover them. The court held that he was liable. In this case, the breach of duty arises directly out of the contract of bailment similar to the issue of Rex and Lloyd. This means, the bailee must show that the loss of the dog was not due to any fault on his...
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...Gujarat High Court Bench: V. Raju Author: V. Raju Union of India (UoI) vs Dayabhai Laxman, Rajkot on 11January, 1962. Case The suit was filed by Dayabhai Laxman against the Union of India owning the Western Railways for damages in respect of deterioration of the goods booked from Bilimora to Rajkot. Only the consignee filed the suit not the consignor in whose name the railway receipt was prepared. Admittedly, damage was caused to the goods. Issues The issue is that here the consignor is the bailor and the consignee is the bailee and according to the Section 161 of the Contract Act the Railways is responsible to the bailor that is the consignor for any loss, deterioration or destruction of the goods. But in this case the bailor has not filed the suit instead the suit has been filed by the consignee. Rules The rules governing this case are: Section 72 of the Indian Railways Act - “The responsibility of a railway administration for the loss, destruction or deterioration of animals or goods delivered to the administration to be carried by railway shall, subject to the other provisions of the Act, be that of a bailee under Sections 151, 152 and 161 Of the Indian Contract Act 1872 .“ Section 161 of the Indian Contract Act - “If by the default of the bailee, the goods are not returned, delivered or tendered at the proper time, he is responsible to the bailor for any loss, destruction or deterioration "Of the goods from that time.” Application According to...
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...Provisions Common to Pledge and Mortgage(PM) 2085. Requisites 1. They are created to secure a principal obligation. 2. The pledgor or mortgagor must be the absolute owner of the thing. 3. Persons constituting pledge or mortgage must have a free disposal of thing or have legal authority. Note: Characteristics: 1. Real - perfected by delivery of thing 2. Accessory- can’t stand on its own. It follows principal. 3. Unilateral- obligation of creditor to return thing upon fulfilment of principal obligation. 4. Subsidiary- 2087. When principal obligation becomes due, creditors may ALIENATE the thing. (alienate-foreclosure; not disposal) 2088. Creditors can’t appropriate/dispose/sell thing. Stipulation to contrary is null and void, and this is known as “pactum commissorium.” 2089. Pledge or mortgage is considered indivisible even though debt may be divided. * If debtor’s heir paid part of debt, there is no partial release/extinguishment of pledge or mortgage until it is fully paid. * Creditor’s heir who received his share of debt can’t return the thing or cancel mortgage. * Exception: Partial release of obligation is possible when each of the thing guarantees only a determinate portion of the obligation. 2090. Pledge and mortgage is still indivisible even if obligation is joint or solidary. 2091. PM can secure all kinds of obligations (voidable or unenforceable)(pure or subject to suspensive or resolutory condition) ...
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...their keys at another parking lot operated by the defendant at a another location. He was aware of the time when he left the car at the station and that the signs and the claim ticket said the lot closed at 6 o'clock. So indeed a bailment was created. The definition of bailment is a transaction in which an owner transfers his or her personal property (in this case his car) to another to be held, stored, delivered, or for some other purpose. Title to the property does not transfer. (Cheeseman, 2010) The plaintiff gave his keys to the defendant’s employee expecting the defendant’s company to park and store the car until the plaintiff returned for it, at which time the plaintiff would pay for the services obtained. This is considered a mutual benefit bailment. A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties. A bailment for the repair of an item is a bailment for mutual benefit when the bailee receives a fee in exchange for his or her work. (legal-dictionary.com, 2013) Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property. Bailment duties generally include the duty of reasonable care and the duty to return the property. A bailee who fails to do so may be held liable for any damages incurred from his or her Negligence....
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...covered if he cannot get as much for the home as he owes in debt. f) Name 3 different agents in the above and name each agent's principal. Three agents are Gail Bowers, Sam Cole and the construction workers. Joe Smith is the principal to all of them. 8. Describe 3 different types of bailment contracts you have been in: 1. As a bailor with a car service...
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...transactions. H e concludes that strict liability should not apply when a product defect arises after the leased product is placed in the hands o f the lessee (as contrasted with the more typical case o f " manufacturing defects" which arise when the product is manufactured), nor when the leased product is a fixture attached to real property. I n such cases, the lessor should be held to a negligence standard o f liability. However, in a ll other cases, the rationalesfor imposing strict liability on sellers apply as well to lessors a nd support the imposition o f strict liability upon these lessors. T ABLE OF C ONTENTS Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. Principles o f Bailment L aw. . . . . . . . . . . . . . . . ....
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...Property Copyright - protects work, not idea (50 years) Patents - protects idea, not necessarily work (20 years) Trademarks - brands, symbols Fungibles - grain barrel, Bailment - one party looking at somebody etc. Sale of Goods Act - condition and warranties. Consumer protection - Basic Overview of Procurement forms Sarah Mamoser Procurement - when company goes and buys smth; not legal obligation to procur. Tendering cases - construction projects; Contract A procurement stage contract forms when materially compliant bid is submitted there can be multiple Contract A if the owner receives multiple compliant bids -act in good faith (can’t use undisclosed material) -they must accept the lowest qualified bid - can use privilege clause (the owner has privilege to not accept the lowest bid) Various forms in procurement: (request for expression of interest (RFEOI) Request for proposal - now frequently for construction law (RFP) - owner choose to cancel RFP anytime (e.g. too expensive etc). RFP less risk, but less certainty, b/e it’s not bound by a contract. Tenders/Request for quotation (RFQ) - process set out to be TRANSPARENT - be in trouble if say we wanted to choose u, but it was too expensive. How damages determined - Expectation damages - difference between price to do the work, and the price between.... Procurement process - procedures fair and transparent. Things u want to do when working with the lawyer: Consider objectives and expectations...
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...with blood pumping from his nose and died during the exercise. Without performing a necropsy, the cause of death could not be determined. Brier and Bridgwood offered to pay for the necropsy; however Laplace had to give authorization before necropsy can be performed. Laplace gave his authorization after the horse’s remains has been already removed, therefore no necropsy was performed. He then filed a suit in the New Jersey state court against Briere favor. Laplace appealed. Issue: Was Bridgwood, not an employee of Briere, liable under the tort of conversion law for the horse’s death while exercising him, when was no proof of cause of death? Was Briere, the stable owner considered negligent in the proper care of the horse under the bailment agreement? Was Briere liable under the conversion rule? Decision: No. The state intermediate Appellate court affirmed the lower court’s judgment. Based on the lack of proof of negligence, Briere and Bridgwood could not be held liable on the claim for the death of Park Me First. Reason: The lower court entered summary judgment in favor of the stable owner and person who exercised the horse. On appeal, the Superior...
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...PLEDGE A pledge is a special type of bailment in which a person temporarily transfers the possession or ownership of his/her property in order to secure a loan from the other person. It is defined as in the Indian Contract Act, 1872, as “The bailment of goods as a security for the payment of a debt or performance of a promise is called pledge. The bailor in this case is called a Pawner and the bailee is called a Pawnee.” Essentially, when the purpose of the bailment is to secure a loan, it is called a pledge. This article is concerned specifically with Section 176 of the Indian Contract Act, which deals with the pawnee’s right to sue or right of sale in case of the pawner’s default. The essential ingredients that are required to constitute a pledge are as follows: 1. Delivery of possession – As in bailment, the delivery of possession is essential in a pledge. Thus, in the case of Revenue Authority vs Sudarsanam Pictures, a film producer borrowed a sum of money from a financier and agreed to deliver the final prints of the film when they were ready. This was held not to be a pledge because there was no delivery of possession at the time of the agreement. It is also possible to let the pawner keep the physical goods even though the legal possession is transferred to the pawner. Thus, in Bank of Chittor vs Narsimbulu, a cinema hall equipment was pledged to the bank but the bank allowed the hall owner to keep the equipment to show the movies. The hall owner then sold the...
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...Consideration – the value (such as cash) given in return for a promise or performance Promissory Estoppel – when the promisor is prevented from asserting the lack of consideration as a defense (promise still enforced) Chapter 16 Statute of Frauds – stipulates what type of contracts must be in writing Collateral promise – made by a third party to assume debts of a primary party to a contract if that party does not perform, must be in writing Prenuptial agreements – made before marriage to define each partner’s ownership right in the other’s property, must be in writing Parol evidence rule – if a court finds that a written contract represents the complete and final statements of the parties’ agreement, it will not allow either party to present “parol evidence,” testimony between the parties that is not contained in the contract itself Integrated contract – written contract intended to be complete and final in terms of agreement, extraneous evidence excluded Chapter 17 Privity of contract – only the parties that entered into the agreement have rights and liabilities under the contract Assignment – transfer of contractual rights to a third party, Assignor assigns right, Assignee receives rights Delegation – transfer of contractual duties to a third party, Obligee is owed duties, Obligor/Delegator obligated to perform the duty can delegate to Delegatee Alienation – assignments of rights in real estate (transfer of land ownership) often cannot be prohibited...
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...Aviation Law Module One Questions and Answers Describe how a federal agency, like the FAA, creates and enforces regulations being sure to discuss the enabling authority a federal agency derives from federal statutes. When the FAA proposes a new regulation or changes to an existing regulation, they issue a document known as a Notice of Proposed Rule Making (NPRM), Federal law requires virtually all administrative agencies and departments of the government to conduct their rulemaking operations in this manner. The law requires that once the NPRM has been issued there must be a period of time for comment and consideration of the new proposed regulation. After the comment period closes the FAA considers the comments from the public and those affected by the new regulation. Often times, comments from the industry and public have influenced the FAA to either change or abolish the propsed regulation all together. When the process has run its course, the FAA issue’s a Final Notice of Rule Making. This notice will set forth the final rule as it will be adopted and an effective date for it to take effect. Under the Code of Federal Regulations (CFR), Title 14-Aeronautics&Space, Part 13 Investigative and Enforcement Procedures, Subpart B-Administrative actions, the FAA may administer a “Warning Notice” which deals with the available facts and information about the incident or condition and shows that it may have been a violation. The FAA may also give a “Letter of Correction” that...
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...owner’s horse? Ruling: No, the court issued favor of the defendant, ruling that no intentional harm was done to the horse to cause death. Reasons: The lower court entered summary judgment in favor of the stable owner and person who exercised the horse. On appeal, the Superior Court, Appellate Division, held that the person who exercised horse could not be liable under the tort of conversion as she did not exercise such control and dominion over the horse when lunging it that she seriously interfered with plaintiff's ownership rights in the horse. Moreover, the exerciser's conduct was done in good faith and there was no causal connection between her conduct and the destruction of the horse. On the issue of bailment, the court found that while the horse was left in a bailment arrangement with stable when the plaintiff delivered his horse, the stable, as a bailee, could not be liable under a theory of conversion. The court stated that the sole fact defendant was unable to return the horse due to its death does not mean that it was liable for the loss. Finally, with regard to negligence, the court found the proofs presented by Briere stable are devoid of any evidence of negligence causing the death of the horse, thus rebutting the presumption of negligence. As such, the plaintiff failed to come forward with any additional evidence that established the...
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...C H A P T E R 22 THE IRAC METHOD A. PURPOSES OF IRAC B. IRAC COMPONENTS 1. Issues 2. Rules of Law 3. Application of the Law to the Problem’s Facts 4. Conclusion 446 446 448 449 451 452 CHAPTER OVERVIEW The IRAC chapter focuses on the writing style used for the discussion portion of the memo. IRAC is an acronym for Issue, Rule, Application, Conclusion. These are the building blocks of a memo’s discussion. You will learn to identify issues and applicable legal authority. You will also learn how to extract the legally significant facts and apply them to the relevant law to draw substantiated conclusions. You will learn to identify effective IRAC use by dissecting discussions and labeling the IRAC components, and you will learn to draft IRAC sequences as well. 445 446 CHAPTER 22 / THE IRAC METHOD A. PURPOSES OF IRAC ! What Is IRAC? IRAC stands for Issue, Rule, Application, Conclusion. IRAC is the architectural blueprint for the discussion portion of a legal memo. It gives legal writing continuity and clarity and organizes the contents of the discussion. IRAC provides legal support and analysis for the issues posed by the problem and guides the writer toward a well-supported conclusion. IRAC benefits both the writer and the reader because the components are essentially a checklist designed to ensure that the discussion is analytically well thought-out and that it contains the necessary legal authority. IRAC is very important because...
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