bailment

bailment
bail·ment /'bāl-mənt/ n [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
◇ 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 compensation – called also bailment for mutual benefit, compensated bailment;
constructive bailment: a bailment imposed by law when the bailee comes into possession of the property by accident or mistake (as by finding it or receiving a mistaken delivery) – called also involuntary bailment;
gratuitous bailment: a bailment in which there is no compensation or benefit to one party; esp: one that benefits only the bailor compare commodatum
involuntary bailment: constructive bailment in this entry

Merriam-Webster’s Dictionary of Law. . 1996.

bailment
noun giving up, held in pledge, in escrow, transferred, under control

Burton's Legal Thesaurus. . 2006


bailment
n.
The delivery of goods to a bailee to be held in trust for a specific purpose, such as repairs, often formalized with a contract.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


bailment
a delivery of goods by one person (the bailor) to another person (the bailee) for a certain purpose, upon an express or implied promise by the bailee to return them to the bailor or to deliver them to someone designated by him, after the purpose has been fulfilled. While not a trustee, the bailee is bound to exercise a reasonable level of care in respect of the thing bailed during the period of the bailment. Bailments are of six kinds:
(1) depositum, where goods are delivered by one person to another to keep for the use of the bailor;
(2) commodatum, where goods are 'lent' gratis to be used by the bailee and returned to the bailor after such use;
(3) locatio et conductio, where goods are hired by the bailee for use by him;
(4) vadium (pawn or pledge), where goods or chattels are delivered to another as security for money borrowed by the bailor;
(5) locatio operis faciendi, where goods are delivered to another for transportation or for the bailee to carry out some work on them;
(6) mandatum, as in (5) but where the transportation or work is to be undertaken gratis and without any reward.

Collins dictionary of law. . 2001.


bailment
A legal relationship in which one party (bailor) leaves personal property in the possession, and under the temporary control, of another (bailee). Common examples include leaving a car in a parking garage, lodging a pet at a kennel, or storing household goods in a storage center. While most bailments are considered "bailments for hire" (in which the bailee is paid), there is also "constructive bailment" when the circumstances create an obligation upon the bailee to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner.
Category: Personal Finance & Retirement
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.

bailment
England, Wales
Broadly, the transfer of possession (and not ownership) of goods by the owner (the bailor) to another person (the bailee) so that they might be used for a specified purpose on condition that they are returned to, or in accordance with the instructions of, the bailor, or kept until he reclaims them. The bailee does not own the goods, but has possession of them. The bailee has a duty to take reasonable care of the goods and return them in accordance with the terms of any express or implied contract of bailment.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


bailment
n. The delivery of personal property from one person (the bailor) to another (the bailee) in trust for some special purpose, as according to an express or implied contract. Only the lawful possession of the property, and not ownership, is transferred. The rights and duties of the parties as to the property depend on the purpose of the bailment and the terms of the contract.
See also lease.
@ actual bailment
A bailment created by the actual or constructive delivery of personal property to a bailee or his agents.
=>> bailment.
@ bailment for hire
A bailment in which the bailor merely takes possession of personal property in exchange for compensation.
=>> bailment.
@ bailment for mutual benefit
A bailment in which the bailee, in exchange for compensation, provides the bailor with some additional benefit as to the bailor's personal property, such as cleaning or repair work.
=>> bailment.
@ constructive bailment
A bailment in which, due to the particular circumstances, the bailee has a legal obligation to return the personal property to its owner, even if the owner is not the bailor or if the bailee did not voluntarily take possession of the property.
=>> bailment.
@ gratuitous bailment
A bailment in which the bailee accepts personal property without expecting compensation. For example, a gratuitous bailment is created when a bailee borrows the bailor's property. In gratuitous bailments, the bailee is liable to the bailor for the loss of or damage to the property only if it was caused by the bailee's gross negligence.
=>> bailment.
@ involuntary bailment
A bailment in which the bailor, without any negligence, unavoidably or accidentally leaves personal property on the bailee's person or land. If the bailee refuses to return the property upon the bailor's demand or refuses to permit the bailor to remove the property, he can be liable for conversion.
See also property.
=>> bailment.
@

Webster's New World Law Dictionary. . 2000.


bailment
The temporary placement of control over, or possession of, personal property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.

Dictionary from West's Encyclopedia of American Law. 2005.


bailment
The temporary placement of control over, or possession of, personal property by one person, the bailor, into the hands of another, the bailee, for a designated purpose upon which the parties have agreed.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

bailment
n.
   1) the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property. Examples: bonds left with the bank, autos parked in a garage, animals lodged with a kennel, or a storage facility (as long as the goods can be moved and are under the control of the custodian). While most are "bailments for hire" in which the custodian (bailee) is paid, there is also "constructive bailment" when the circumstances create an obligation upon the custodian to protect the goods, and "gratuitous bailment" in which there is no payment, but the bailee is still responsible, such as when a finder of a lost diamond ring places it with a custodian pending finding the owner.
   2) the goods themselves which are held by a bailee. Thus, the "bailor" (owner) leaves the "bailment" (goods) with the "bailee" (custodian), and the entire transaction is a "bailment."
   See also: bailee, bailor

Law dictionary. . 2013.

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