(Q4) Bailments, Carriers
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Bailment
Transfer of possession, but not title, to personal property from the owner to another for a particular purpose, such as protect, fix, use, store, or sell
Bailor
Owner of personal property
Bailee
The person to whom property is transferred
Does title to property transfer to the bailee?
No, title does not transfer from bailor to bailee - Must be agreement that property be returned to bailor or at their direction
Types of Bailment and Liability of Bailee
• Degree of liability of the bailee in the event of loss or damage • Sole benefit bailor • Sole benefit of bailee • Mutual benefit of both parties
Sole Benefit of Bailor
Slight degree of care
Sole Benefit of Bailee
Extraordinary care
Mutual Benefit of Both Parties
Reasonable ordinary care
What type of bailment should funeral homes possess?
Mutual benefit bailment and reasonable care must be exercised
Carrier
a person or company that undertakes the professional conveyance of goods or people
Types of Carriers
• Private • Common
Private Carrier
Transports people or goods under special circumstances
Common Carrier
• Offers services to anyone • transports goods or people ex. air planes, trains
what type of carrier are funeral homes?
Private Carriers
Consignor
Gives goods to carrier to transport
Consignee
Person to whom goods are shipped
Bill of Lading
Contract between consignor and the carrier
Liability of Common Carrier Goods
Strict liability for loss to goods regardless of fault
Liability of Common Carrier of People
Not strict liability, must be showing of negligence - for planes and trains etc: duty of care is reasonable when in the terminals and highest degree of care when on board
F.O.B Point
Designated point to which seller bears risk of loss
Liability of funeral home as a private carrier
Liable for negligence of agent drivers