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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.
In law, breaking bulk is the act of removing something from a package or parcel, or in any way destroying its entirety. It was thus important in connection with the subject of bailment, involving as it did the curious distinction that where a bailee received possession of goods in a box or package, and then sold them as a whole, he was guilty only of a breach of trust, but if he "broke bulk ...
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 ...
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 Supreme Court on Thursday revived a requirement that owners of millions of small businesses register with an arm of the Treasury Department charged with fighting money laundering and other ...
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.
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Court rules Metropolitan AME Church owns Proud Boys' trademark after the group fails to pay $2.8 million judgment.