Chapter 20-2 Bailments

Front

What is bailment?

Back

Bailment is the temporary transfer of possession of personal property from one person (bailor) to another (bailee) for a specific purpose. Ownership remains with the bailor.

Front

Who retains ownership in a bailment?

Back

The bailor retains ownership in a bailment.

Front

What rights does a bailee have in a bailment?

Back

Right to Posession
Right to Use
Right to Compensation
Right to legally protect any interference with possession

Front

What are the elements of bailment?

Back

Delivery of possession of personal property to the bailee.
Acceptance of possession by the bailee.
An agreement that the property will be returned to the bailor when the purpose is accomplished.

Front

What is constructive bailment?

Back

Constructive bailment occurs when a misplaced item is found, creating a bailment between the finder and the owner, which is then transferred to the owner of the establishment.

Front

What is constructive acceptance in bailment?

Back

Constructive acceptance means that what you would normally expect to be in a container that is bailed would also be reasonably bailed.

Front

What distinguishes renting space from bailment?

Back

Renting space, such as a storage unit, is not a bailment because there is no transfer of possession and control to the owner of the facility.

Front

List the types of ordinary bailments...

Back

Sole Benefit Bailor (i.e. asking neighbor to store lawn mower)
Sole Benefit Bailee (i.e. borrowing item for free)

Mutual Benefit Bailment [business] (i.e paid storage)

Front

What are the general duties of a bailee?

Back

A bailee must exercise proper care.
Use the property only for the agreed purpose.
Return the property to the bailor or specified third party.

Front

What are the rights of a bailor?

Back

A bailor has the right to have the property returned.
To have the bailee use proper care.
To have the bailee use the property only as allowed.
May be entitled to compensation.