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Section 8.2 Bailments
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Section 8.2 Bailments A bailment is the temporary transfer of possession and control of personal property to another.
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The person who transfers the property is the bailor.
Section 8.2 Bailments The person who transfers the property is the bailor. The person who receives the property is the bailee.
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The bailee has the obligation to return the property.
Section 8.2 Bailments In a bailment, there is no transfer of title or ownership to the bailee. The bailee has the obligation to return the property.
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The standard of care depends on the type of bailment.
Section 8.2 Bailments The bailee also has a responsibility to use a certain standard of care of the property. The standard of care depends on the type of bailment.
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There are three basic types of bailments: special bailment
Section 8.2 Bailments There are three basic types of bailments: special bailment gratuitous bailment mutual benefit bailment
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A special bailment benefits only the bailee.
Section 8.2 Bailments A special bailment benefits only the bailee. An example of a special bailment is lending your computer to a friend without getting something in return.
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Section 8.2 Bailments In a special bailment, the bailee is obligated to exercise a high standard of care to ensure the property is not damaged, lost, or stolen.
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A gratuitous bailment benefits only the bailor.
Section 8.2 Bailments A gratuitous bailment benefits only the bailor. An example of a gratuitous bailment is having a friend take care of your computer for you while you are on vacation.
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Section 8.2 Bailments In a gratuitous bailment, the bailee is only obligated to exercise a minimum amount of care.
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A mutual benefit bailment benefits both the bailor and the bailee.
Section 8.2 Bailments A mutual benefit bailment benefits both the bailor and the bailee. An example of a mutual benefit bailment is leaving your computer at a shop to be repaired for a fee.
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Section 8.2 Bailments In a mutual benefit bailment, the bailee is required to use a reasonable amount of care to protect the property.
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Section 8.2 Bailments A tortious bailee is someone who wrongfully keeps lost property, stolen property, or refuses to return property. A tortious bailee is responsible for all damage that occurs to the property.
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