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9 Cards in this Set
- Front
- Back
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Bailment
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a delivery of personal property under agreement, either expressed or implied, for purpose so that after the purpose is finished the property may be recovered
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Bailor
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owner
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Bailee
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possessor
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Three kinds of bailments
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for the Bailee -- great care
Mutual -- ordinary care for the Bailor -- slight care |
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Example of an Involuntary bailment
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leaving your wallet behind and someone picking it up
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Rights of bailee against 3rd parties
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1. same as having title
2. right to recover based on strength of title |
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Elements of a prima facie case
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1. prove agreement & transfer
2. prove the item was returned damage or not returned at all 3. prove damages |
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fungible goods
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goods of like kind and quality of more than one owner intermingled
1. good faith -- equitable split 2. bad faith -- all goods to the other party |
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Law of confusion
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intermingling of goods
1. good faith -- equitable split 2. bad faith -- better identify yours or it goes to the other guy |
