bailment
n . 寄托,保释
寄托,保释
bailment n 1 :
the delivery of personal property in trust by the bailor to the bailee Bailment \
Bail "
ment \,
n .
1 . (
Law )
The action of bailing a person accused .
[
1913 Webster ]
Bailment . . .
is the saving or delivery of a man out of prison before he hath satisfied the law .
--
Dalton .
[
1913 Webster ]
2 . (
Law )
A delivery of goods or money by one person to another in trust ,
for some special purpose ,
upon a contract ,
expressed or implied ,
that the trust shall be faithfully executed . --
Blackstone .
[
1913 Webster ]
Note :
In a general sense it is sometimes used as comprehending all duties in respect to property .
--
Story .
[
1913 Webster ]
BAILMENT ,
contracts .
This word is derived from the French ,
bailler ,
to deliver .
2 Bl .
Com .
451 ;
Jones '
Bailm .
90 Story on Bailm .
c .
1 ,
Sec .
2 .
It is a compendious expression ,
to signify a contract resulting from delivery .
It has been defined to be a delivery of goods on a condition ,
express or implied ,
that they shall be restored by the bailee to the bailor ,
or according to his directions ,
as soon as the purposes for which they are bailed shall be answered .
1 Jones '
Bailm .
1 .
Or it is a delivery of goods in trust ,
on a contract either expressed or implied ,
that the trust shall be duly executed ,
and the goods redelivered ,
as soon as the time or use for which they were bailed shall have elapsed or be performed .
Jones '
Bailm .
117 .
2 .
Each of these definitions ,
says Judge Story ,
seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class .
Both these definitions suppose that the goods are to be restored or redelivered ;
but in a bailment for sale ,
as upon a consignment to a factor ,
no redelivery is contemplated between the parties .
In some cases ,
no use is contemplated by the bailee ,
in others ,
it is of the essence of the contract :
in some cases time is material to terminAte the contract ;
in others ,
time is necessary to give a new accessorial right .
Story ,
on Bailm .
c .
1 ,
Sec .
2 .
3 .
Mr .
Justice Blackstone has defined a bailment to be a delivery of goods in trust ,
upon contract ,
either expressed or implied ,
that the trust shall be faithfully executed on the part of the bailee .
2 Bl .
Com .
451 .
And in another place ,
as the delivery of goods to another person for a particular use .
2 Bl .
Com .
395 .
Vide Kent '
s Comm .
Lect .
40 ,
437 .
4 .
Mr .
Justice Story says ,
that a bailment is a delivery of a thing in trust for some special object or purpose ,
and upon a contract ,
express or implied ,
to conform to the object or purpose of the trust .
Story on Bailm .
c .
1 ,
Sec .
2 .
This corresponds very nearly with the definition of Merlin .
Vide Repertoire ,
mot Bail .
5 .
Bailments are divisible into three kinds :
1 .
Those in which the trust is for the benefit of the bailor ,
as deposits and mandates .
2 .
Those in which the trust is for the benefit of the bailee ,
as gratuitous loans for use .
3 .
Those in which the trust is for the benefit of both parties ,
as pledges or pawns ,
and hiring and letting to hire .
See Deposit ;
Hire ;
Loans ;
mandates and Pledges .
6 .
Sir William Jones has divided bailments into five sorts ,
namely :
1 .
Depositum ,
or deposit .
2 .
Mandatum ,
or commission without recompense .
3 .
Commodatum ,
or loan for use ,
without pay .
4 .
Pignori acceptum ,
or pawn .
5 .
Locatum ,
or hiring ,
which is always with reward .
This last is subdivided into ,
1 .
Locatio rei ,
or hiring ,
by which the hirer gains a temporary use of the thing .
2 .
Locatio operis faciendi ,
when something is to be done to the thing delivered .
3 .
Locatio operis mercium vehendarum ,
when the thing is merely to be carried from one place to another .
See these several words .
As to the obligations and duties of bailees in general ,
see Diligence ,
and Story on Bailm .
c .
1 ;
Chit .
on Cont .
141 ;
3 John .
R .
170 ;
17 Mass .
R .
479 ;
5 Day ,
15 ;
1 Conn .
Rep .
487 ;
10 Johns .
R .
1 ,
471 ;
12 Johns .
R .
144 ,
232 ;
11 Johns .
R .
107 ;
15 Johns .
R .
39 ;
2 John .
C .
R .
100 ;
2 Caines '
Cas .
189 ;
19 Johns .
R .
44 ;
14 John .
R .
175 ;
2 Halst .
108 ;
2 South .
738 ;
2 Harr . &
M '
Hen .
453 ;
1 Rand .
3 ;
2 Hawks ,
145 ;
1 Murphy ,
417 ;
1 Hayw .
14 ;
1 Rep .
Con .
Ct .
121 ,
186 ;
2 Rep .
Con .
Ct .
239 ;
1 Bay ,
101 ;
2 Nott &
M '
Cord ,
88 ,
489 ;
1 Browne ,
43 ,
176 ;
2 Binn .
72 ;
4 Binn .
127 ;
5 Binn .
457 ;
6 Binn .
129 ;
6 Serg .
&
Rawle ,
439 ;
8 Serg . &
Rawle ,
500 ,
533 ;
14 Serg . &
R .
275 ;
Bac .
Ab .
h .
t .;
1 Bouv .
Inst .
n .
978 -
1099 .
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Bailment: Definition, How It Works, Types, and When It Ends - Investopedia A bailment is an agreement in common law that comes into effect when someone entrusts an asset to someone else for safekeeping As previously noted, the bailor is the owner of the asset and
Bailment - Definition, Examples, Cases, Processes - Legal Dictionary The term bailment refers to the transfer of personal property to another person for safekeeping, or for the other person to control or use temporarily A bailment is a form of contractual relationship, even if no contract has been signed The person receiving the property (the “bailee”) has possession and control over the property for a specific period of time, during which he or she is