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Why is being a babysitter not a bailment?
A bailment is the temporary placement of control over, or possession of Personal Property. A baby is not personal property.
What is bailment?
A bailment is a handing over of control over, or possession of, personal property by one person, the bailor, to another, the bailee, for a specific purpose.
Sale and bailment?
In sale title and possession both get transfered while in contract of bailment only possession get transfered. Sale is governed by the Transfer of roperty Act and latter by the Indian Contract Act1872 In case of sales,the return of goods in contract of sale is not possible. whereas in contract of bailment,the bailee must return the goods to the bailor on the accomplishment of the purpose for which the bailment was made.
Features of bailment?
Essentials or Features of Bailment :- Following are the important essential of bailment : 1. Contract :- It is the basic essential for the bailment. For the delivery of goods contract between the two parties is necessary. Contract may be oral or written, implied or expressed. 2. Moveable Property :- It is the main feature of bailment that it is only for the moveable property and not for the immoveableproperty. 3. Delivery of Goods :- It is also necessary that goods should be delivered by one person to another. 4. Change of Possession :- Bailment contract also brings change in the possessions of the goods. Only b without possession is not sufficient for this contract. 5. Purpose of Bailment :- The object of bailment may be for the safety of goods or for hire or for the use. 6. Temporary Delivery :- The delivery of the goods may not be for the permanent purpose. it is essential that delivery must be made for the temporary purpose. 7. Ownership :- right of ownership remains with bailor and it does not change by the delivery of goods to other person. 8. Change In Shape :- If bailed goods shape changes in the mean time even then it remains a contract of bailment. 9. Parties of the Contract :- In the contract of bailment there are two parties, the bailor and the bailee. 10. Returnable :- It is very important feature of the bailment. The bailee should return the goods to the bailor or disposed according the directions of the bailor.
What do you mean by bailment and What are the requisites of a contract of bailment?
Bailment :-A bailment is a delivery of goods one person to another for some purpose upon a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering. The person delivering the goods is called the "Bailor". The person to whom they are delivered is called "Bailee".Example :- Mr. Jhon enters into agreement with Miss. Sony to deliver her laptop to him on this condition that it shall be returned to her after one month. In this example Mr. Jhon is a Bailee and Miss. Sony is a Bailor. Laptop is good bailed. It is a contract of Bailment.Essentials or Features of Bailment :-Following are the important essential of bailment :1. Contract :-It is the basic essential for the bailment. For the delivery of goods contract between the two parties is necessary. Contract may be oral or written, implied or expressed.2. Moveable Property :-It is the main feature of bailment that it is only for the moveable property and not for the immoveable property.3. Delivery of Goods :-It is also necessary that goods should be delivered by one person to another.4. Change of Possession :-Bailment contract also brings change in the possessions of the goods. Only b without possession is not sufficient for this contract.5. Purpose of Bailment :-The object of bailment may be for the safety of goods or for hire or for the use.6. Temporary Delivery :-The delivery of the goods may not be for the permanent purpose. it is essential that delivery must be made for the temporary purpose.7. Ownership :-right of ownership remains with bailor and it does not change by the delivery of goods to other person.8. Change In Shape :-If bailed goods shape changes in the mean time even then it remains a contract of bailment.9. Parties of the Contract :-In the contract of bailment there are two parties, the bailor and the bailee.10. Returnable :-It is very important feature of the bailment. The bailee should return the goods to the bailor or disposed according the directions of the bailor.
What is contract of bailment?
Although there are three types of bailment, basically they all realate to the act of turning over something of value, property, real assets, money, investments, etc. to someone else to hold in trust and safety, who agrees to return the items to you upon your demand. The agreement to perform this act is known as contract of bailment. See below link:
What are essentials of bailment?
In Florida:Bailment is the process of placing personal property or goods in the temporary custody or control of another. The custodian or holder of the property, who's responsible for the safe keeping and return of the property, is know as the bailee. The person who delivers or transfers the property to the bailee is known as the bailor. For a bailment to be valid, the bailee must have actual physical control of the property with the intent to possess it. The bailee is generally not entitled to the use of the property while it's in his possession. A bailor can demand to have the property returned to him at any time.Types of BailmentBailment is usually done by agreement as a paid service, which gives the property custodian a responsibility and obligation to protect the goods. Common examples of service agreement bailments are vehicles parked in a monitored parking garage, securities or bonds left with a bank, animals lodged at kennels and goods left at a storage facility under the control of the bailee. In addition to service agreement bailments where the bailee is paid for caring for the property, a bailment can also be involuntary.A constructive bailment occurs when circumstances create an obligation for the bailee to protect the goods. With a constructive bailment, the bailment is implied by law. In the case of a tenant, roommate, or boyfriend or girlfriend abandoning property, an involuntary bailment might be created. Depending on the laws of the jurisdiction, the landlord or remaining tenants may have a duty to care for the property and return it to the abandoning tenant.A bailment may also be a gratuitous bailment for which there's no payment. A gratuitous bailment occurs when someone finds lost property and protects it himself or places it in the custody of another, such as the police, until the lawful owner can be located.Abandoned PropertyIf a bailment agreement is set for a fixed term and the bailor fails to claim the property at the end of the term, he may be deemed to have abandoned the property. Alternatively, the voluntary bailment be converted into an involuntary bailment. However, if there's no clear term of bailment agreed upon, the bailor won't be deemed to have abandoned the property unless the bailee gives him notice that he no longer wishes to possess and protect the property.Bailee's Duty of CareIn all bailment situations, the bailee has a minimum duty of care to ensure the safety of the property. If the bailee breaches or fails to uphold that duty, he can be legally liable for damages. A bailee can also be held liable for conversion if he uses the property without the bailor's permission, or doesn't return the property to the bailor upon request. A higher standard of care is imposed upon a paid bailee. There's a lower standard of care imposed upon a bailee in a gratuitous bailment. With a bailment agreement or contract, the parties can agree to hold the bailee free from liability.The bailee's standard of care is determined based upon the purpose of the bailment, and whether it's for the benefit of the bailee alone, the bailor alone or for the benefit of both parties. If the bailment is for the benefit of the bailee alone, then the bailee owes a duty of extraordinary care. If the bailment is for the benefit of both the bailee and the bailor, then the bailee owes a duty of reasonable or ordinary care. Reasonable care is care that a person of ordinary prudence would exercise in the same or similar circumstances. If the bailment is a gratuitous bailment and is for the benefit of only the bailor, then the bailee owes only a duty of slight care.DamagesA bailor is entitled to recover damages for lost or damaged property if he can show that the bailee failed to exercise the required degree of care and proximately caused damage or loss of the property. If the bailee exercised the required degree of care required, then the bailor won't be entitled to damages. With a gratuitous bailment, the bailee won't be liable for damage to the property unless he's grossly negligent.
What is tortuous bailment?
A tortuous bailment refers to a situation where a bailment is formed but the bailee acts in a negligent or wrongful manner, causing harm or loss to the bailor's property. This can give rise to a legal claim for damages or liability against the bailee for their actions or omissions.
Is a title to personal property transferred pursuant to a bailment?
No, only the lawful possession of the property, and not ownership, is transferred.
Is money deposit in bank a bailment?
No. A deposit, by legal definition, is not considered a bailment, but even if there was a question involved, all contracts with all commercial banks explicitly state that deposits of funds are a full title transfer of ownership to the financial institution. The fact that funds can be 'repaid' to you 'on demand' is incidental. When you make any bank deposit, you are giving up title to your funds to the bank, and the bank does not have to store them, and may do with those funds as it pleases. Your funds become the immediate property of the bank, in return for what is essentially an IOU.Even a safe deposit box is not considered a bailment, since the box is sealed, and the bank cannot handle or control the goods. Valet parking, on the other hand, would be an example of one type of bailment.
Is deposit of money in bank a bailment?
No. A deposit, by legal definition, is not considered a bailment, but even if there was a question involved, all contracts with all commercial banks explicitly state that deposits of funds are a full title transfer of ownership to the financial institution. The fact that funds can be 'repaid' to you 'on demand' is incidental. When you make any bank deposit, you are giving up title to your funds to the bank, and the bank does not have to store them, and may do with those funds as it pleases. Your funds become the immediate property of the bank, in return for what is essentially an IOU.Even a safe deposit box is not considered a bailment, since the box is sealed, and the bank cannot handle or control the goods. Valet parking, on the other hand, would be an example of one type of bailment.
Can you get O R if your bail is 65000.00 in CA?
No. The amount of bailment is too high. Generaly, the amount would have to be in the 2500.00 to 5000.00 to get an OR.
