¶ … person gives another person some property for safekeeping, that results in a bailment (Sullivan & Sheffrin, 2003). The bailor transfers the property to the bailee, and physical possession of the property must be taken for this legal relationship to occur. This is a common law relationship, and is not a gift or a contract for sale (Sullivan & Sheffrin, 2003). In other words, the bailor is not giving the item away on a permanent basis, and he or she is also not selling the item to the bailee. The only thing that takes place is the transfer of property on a temporary basis (Sullivan & Sheffrin, 2003). The bailment takes place when the bailee both intends to possess and actually possesses the property. Another important aspect of the bailment is that the bailee generally is only allowed to hold the property. He or she does not have any use of the property while it is in his or her possession (Sullivan & Sheffrin, 2003). Leaving a car with a valet at a restaurant is one example of a bailment. The person leaving the car is not giving up any ownership or rights, nor is he or she giving the valet or anyone at the restaurant permission to use the car. There are, of course, other ways to create a bailment (Coggs, 1704; Sullivan & Sheffrin, 2003).
There are three different purposes of bailments. A person can have a bailment that benefits both the bailor and the bailee, one that only benefits the bailee, or one that benefits only the bailor. When there is an exchange of the good for a service, both parties benefit from the bailment. When a bailee provides something free of charge to the bailor, only the bailor benefits. Conversely, when a bailor loans or provides something to a bailee, only the bailee benefits. There are also five types of bailments. These are: gratuitous agency, deposit, possessory, loan for hire, and loan for use (Franklin, 2001). There are bailments that arise in all different ways and circumstances, but there is no way that the bailee will avoid liability completely. That is something the bailee should be careful of in a bailment.
Depending on the laws of the jurisdiction in which the bailment occurred, the bailee could have a great deal of liability or virtually none at all. Anyone who is going to be involved in a bailment must be aware of the issues that he or she can face with it (Sullivan & Sheffrin, 2003). Legal issues can crop up and can be very difficult to deal with, especially if the person does not know the ins and outs of bailments. If a person has been asked to be a bailee, he or she should not just automatically accept that request. Instead, it is very important that the person considers legal ramifications and asks questions of a knowledgeable party so there are no surprises at a later date. Understanding the rights and responsibilities of both the bailor and the bailee is the only way to have a safe and successful bailment transaction.
2. There are many different business forms. All of them are important, because they can provide information to those who want to have legal and complete transactions with other people. Sole proprietorships, partnerships, LLCs, and other types of corporations are all vital entities in daily life, but they are all structured differently and they all have their places in business and industry (Wiening, et al., 2002; Berger, Cummins, & Weiss, 1997). Sole proprietorships are designed to be owned by one person. That is the basis of that type of legal entity, and does not leave room for interpretation or adjustments. That does not mean that the person cannot hire others to help him or her, but only that there are no other owners of the company. Many people who have small businesses are sole proprietors, and many just use their name as a "company name." Some do not actually have a company, but because they are freelancers who are selling goods or performing services, they are deemed sole proprietors from the standpoint of government regulation and taxation issues on federal, state, and local levels (Berger, Cummins, & Weiss, 1997).
In partnerships, there is more than one owner. Usually, two people go in as partners, but it is possible to have a partnership with more than two people. In both partnerships and sole proprietorships, the liability for any lawsuits or other problems rests solely with...
Person-in-Crisis Scenario Marie's Developmental Stage Marie is a 63-year-old female who has exhibited the properties of one stage for the last several years of her life, but she is now entering another developmental stage due to her illness. A person in middle to adulthood stage, according to Erikson is working out the dichotomy of generativity vs. stagnation (Watts, Cockcroft & Duncan, 2009). About this stage, Erikson says "the fashionable insistence on dramatizing the
This is more democratic than 'republican' in spirit, and while Locke might support it to some degree, Meyer very likely would not and state that the property owner's will alone should prevail. It should be noted that in contrast to Danny, the other children view their mother's decision in more emotional, moral terms than Locke might, as rather than invoke the law and property rights they stress considerations such
The delivery of the deed and the warranties of title are all notions being presented in this chapter. Chapter 11 discusses notions related to the title assurance, starting with the basic information pertaining to the recording system. The chapters introduces the basic, common law rule, which is that a grantee who was prior in time prevailed over one subsequent in time. The chapter continues by defining the several types of
NOZICK'S ENTITLEMENT THEORY Robert Nozick's Entitlement theory is mainly connected with the issue of property and transfer of property but it is essentially based on the issue of Justice and how it comes into question when property is being transferred or owned. Nozick believes that property rights need to be studied in the social context to understand how transfer and owning of property can give rise to the issue of justice
person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This
As much as 91% of these crimes result in murders. There are some other criminals who are classified as insane criminals and they can be thought to include kleptomaniacs, nymphomaniacs, habitual drunkards and pederasts. These people keep committing the crimes as they are unable to distinguish right from wrong, and it is time that these people are considered to be insane and not considered responsible for their action. But
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