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Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership.To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair.
The case overturned the then leading case in the law of bailments, Southcote's Case (1601), which held that a general bailee was strictly liable for any damage or loss to the goods in his possession (e.g., even if the goods were stolen from him by force). Under the ruling in Coggs v Bernard, a general bailee was only liable if he had been ...
At common law, equitable title is the right to obtain full ownership of property, where another maintains legal title to the property. In the United States, legal titles are those that were recognized by the law courts in England. Equitable titles were those recognized by the English chancery courts.
In civil law countries, possession is not a right but a (legal) fact, which enjoys certain protection by the law. It can provide evidence of ownership but does not in itself satisfy the burden of proof. For example, ownership of a house is never proven by mere possession of a house.
Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chattel ...
The legal relationship between the carrier and the merchant, as now, would have been seen as one of bailee and bailor, such that bailees have a duty of reasonable care for others' property they possess. The merchant had royal safe conduct covering his goods.
(The Center Square) — A New York Republican county executive is being sued over a move to deputize citizens for law-enforcement efforts, with Democrats arguing that it amounts to an "illegal ...
Nemo dat quod non habet, literally meaning "no one can give what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title.