Bailee - Law Dictionary Search Results
Home Dictionary Name: baileeBailee
Bailee, a person to whom goods are entrusted for a specific purpose. See BAILMENT; as to Larceny by Bailee, see (English) Larceny Act, 1916, ss. 1 and 2.The party of whom personal property is delivered under a contract of bailment; one to whom goods are bailed. (Contract Act, 1872, s. 148)Where in an accident the Insured dealt with vehicle strictly as provided under the contract of insurance and that necessitated taking the car to the nearest repairer for and on behalf of the Insurer. The Insurer became the bailee and the repairer may have been initially pointed out by the bailor but with whom the Insurer entered negotiation, arrived at a contract and agreed to get the car repaired in discharge of an obligation under the contract of insurance. Therefore, for this additional reason the custody of the repairer is that of a sub-bailee, N.R. Srinivasa Iyer v. New India Assurance Company Limited, AIR 1983 SC 899: (1983) 3 SCC 458 (467).Means an individual or entity (as a business organizati...
bailee
bailee : an individual or entity (as a business organization) having possession of another's personal property under a bailment NOTE: Carriers and warehouses are two examples of bailees. A bailee's liability for loss or damage to property is determined by the terms of the bailment or the law of the jurisdiction. ...
Bailment
Bailment [fr. bailler, Fr., to deliver], a compendious expression to signify a contract resulting from delivery; perhaps best defined as a 'delivery of a thing in trust for some special object or person, and upon a contract express or implied, to conform to the object or purpose of the trust.'In the celebrated case of Coggs v. Bernard, (1704) Ld Raym 909; 1 Sm L C, Lord Holt divided bailments thus:-(1) Depositum, or a naked bailment of goods, to be kept for the use of the bailor.A restaurant keeper has been held liable for loss of an overcoat entrusted by a customer to a waiter, Ultzen v. Nicols, (1894) 1 QB 92; Orchard v. Bush & Co., (1898) 2 QB 284.(2) Commodatum. Where goods or chattels that are useful are lent to the bailee gratis, to be used by him. See Coughlin v. Gillison, (1899) 1 QB 145.(3) Locatio rei. Where goods are lent to the bailee to be used by him for hire.(4) Vadium. Pawn or pledge.(5) Locatio operis faciendi. Where goods are delivered to be carried, or something is t...
bailment
bailment [Anglo-French bayllment, from bailler to hand over see bail ] : the transfer of possession but not ownership of personal property (as goods) for a limited time or specified purpose (as transportation) such that the individual or business entity taking possession is liable to some extent for loss or damage to the property compare deposit loan for consumption and loan for use at loan NOTE: The typical elements of a bailment are delivery of the personal property, acceptance of the delivery, and possession or control of the property. Any of these elements may be actual or constructive. Bailments may be created by contracts, either express or implied, which require agreement, and the agreement may also be express or implied. Contracts for the lease of a car, for sale of goods on consignment, and for the transport of goods are examples of bailments. bailment for hire : a bailment that either benefits both parties or only the bailee ;esp : one in which the bailee receives comp...
Breaking bulk
Breaking bulk, a term formerly used to signify the separation of goods in the hands of a bailee which made him liable for felony. Since the (English) Larceny Act, 1861, this distinction is immaterial, and remains so under the Larceny Act, 1916.The expression 'breaking bulk' is an expression not unknown to legal terminology especially in England. In the Cyclopedic Law Dictionary, 3rd edn. 'breaking bulk' has been stated to mean that for a bailee to open a box or packaging entrusted to his custody and fraudulently appropriate its contents, HMM Ltd. v. Administrator, Bangalore City Corporation, AIR 1990 SC 47: (1989) 4 SCC 640.Larceny by a bailee, esp. a carrier, who opens containers, removes item from them, and converts the items to personal use; Black's Law Dictionary, 7th Edn....
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Wrongful detention and wrongful confinement
Wrongful detention and wrongful confinement, the cause of action in wrongful detention is based on a wrongful withholding or to the plaintiff's goods. It depends on the defendant being in possession of the plaintiff's goods. If such a defendant, without any right so to do, withholds the goods from the plaintiff after the plaintiff had demanded their return, he is, for such time as he so withholds them, guilty of wrongful detention. This is the trot of which a bailee or finder is guilty who is in possession of the goods and fails to deliver them a reasonable time after demand, though it may also, in the case of a bailee, be a breach of contract. If the bailee or finder subsequently disposes of the goods, he is guilty of conversion, but the wrongful detention then comes to an end and is swallowed up in the conversion, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274....
Conversion and detinue
Conversion and detinue, a conversion is an act of wilful interference, without lawful justification, with any chattel in a manner inconsistent with the right of another, whereby that other is deprived of the use and possession of it. If a carrier or other bailee wrongfully and mistakenly delivers the chattel to the wrong person or refuses to deliver it to the right person, he can be sued as for a conversion. The action of detinue is based upon a wrongful detention of the plaintiff's chattel by the defendant, evidence by a refusal to deliver it upon demand and the redress claimed is not damages for the wrong but the return of the chattel or its value. If a bailee unlawfully or negligently loses or parts with possession he cannot get rid of his contractual liability to restore the bailor's property on the termination of the bailment and if he fails to do, he may be sued in detinue, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274 (278)....
convert
convert 1 a : to change from one form or use to another b : to exchange (property) for another esp. of a different kind [if property…is compulsorily or involuntarily ed "Internal Revenue Code"] ;esp : to exercise the right of conversion by exchanging (preferred shares or bonds) for common stock 2 : to appropriate (another's property) by conversion [the bailee ed the goods to his own use] see also embezzle con·vert·er n con·ver·ti·ble [kən-vər-tə-bəl] adj ...
document of title
document of title :a document (as a warehouse receipt) which is issued by or addressed to a bailee and which in the ordinary course of business is considered to show that the person in possession of it is entitled to receive, hold, and dispose of the bailed goods covered by it ...
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