Bailment

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Bailment

 

in civil law, an obligation that arises on the basis of a contract or by force of law for one party (the bailee) to keep property for a second party (the bailor) and to return the property on demand in the condition in which it was received. In pre-revolutionary Russia, the contract of bailment was called the poklazha (deposit), and the two parties were called the po-klazhedatel’ (depositor) and poklazheprinimatel’ (deposit recipient, or custodian).

In the USSR the contract of bailment is regulated by special rules and by the civil codes of the Union republics—for example, Articles 422–433 of the Civil Code of the RSFSR. Parties to the contract may be citizens or socialist organizations. If the parties are citizens and the value of the property exceeds 100 rubles, the contract must be concluded in writing. Bailment is without recompense unless otherwise provided by law or contract. The bailee does not have the right to use the property entrusted to him unless otherwise specified by contract.

In case of loss of property, the bailee is obligated to reimburse the bailor for the full value of the property; in case of damage, the bailee must pay the amount by which the value has been decreased. Organizations established in part or in full to provide services of bailment—such as pawnshops, checkrooms, hotels, and refrigerated storehouses—bear increased responsibility. They are responsible not only for intentional loss of or damage to property but also for accidental loss or damage; they are freed from responsibility only in cases of force majeure.

References in periodicals archive ?
As bailors, research participants would presumably retain the right to remove and transfer their tissues willy-nilly--as the district court in Catalona feared.
A bailment relationship arises when the bailor agrees to deliver property into the possession of the bailee, under terms that the bailee accepts, with an understanding that the property will be "redelivered to the person who delivered it, or otherwise dealt with according to his directions, or kept until he reclaims it, as the case may be." (157) Under the common law of bailment, the bailee has a "strict duty to return the bailed goods" when the term of bailment ends.
Gratuitous bailments are for the sole benefit of either the bailor or the bailee.
Part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor.
Lowest TTO Percentages, Post-1970 Player Year AB H BB SO HR TTO TTO% Felix Fermin 1995 200 39 6 6 0 12 0.058 Bob Bailor 1984 131 36 8 1 0 9 0.065 Bob Bailor 1985 118 29 3 5 0 8 0.066 Larry Milbourne 1978 234 53 9 6 2 17 0.070 Jesus Alou 1974 220 59 5 9 2 16 0.071 Jeff Torborg 1971 123 25 3 6 0 9 0.071 Jesus Alou 1971 433 121 13 17 2 32 0.072 Lenny Harris 1999 187 58 6 7 1 14 0.073 Mario Guerrero 1976 268 76 7 12 1 20 0.073 Tim Foli 1983 330 83 5 18 2 25 0.075 Table 7.
acts of interference with it, impairing the bailor's right of
The tractor in the photo isn't really a tractor at all, but a motor cultivator made by the Bailor Plow Manufacturing Co.
Morgan Susser; editor, Fernando Villena; music, Red Ronin Prods., Amy Marie Beauchamp, Jose Cancella; music supervisor, Jonathan McHugh; makeup, Nathan Hamilton, Linda Sammut, Gregory Alt, Melanie Glover, Tiffany Johnson, Brian Lewis; sound, Tim Hays, John Bailor, Melissa Saris, Earl McGilun, Taylor Tosh, Mat Dennis, Mark Patino; supervising sound editors, Mark Mangino, Pat Foley, Chris Aud; line producers, Coleen Haynes.
(143) In suppressing this evidence, the court held that James did not intend to give permission to Laschober, characterized as a bailor, to exercise control over the discs or to consent to the searching of the discs.
Bailor, Reida Boyd, Cassandra Dukes, Timothy Eller, Albert R.
The doctors at the institute refused to consent to the transfer, and the court determined that the institute was a bailor of the plaintiffs' property and had an absolute obligation to return the property when asked.
(3) In proving his claim, a bailor would put on a prima facie case of bailment by establishing that the goods were delivered in good condition and returned in damaged condition.