9) This excludes bailments
which took the specific form of a pledge and operated by way of security.
Sometimes a bailment
is coupled with the power to sell the
slight, ordinary, and gross negligence--may be traced to Roman law (96) and continued into England with the law of bailments
44) Still, the Court provisionally recognized the merit of other claims, such as the defendant's breach of an implied contract of bailment
with the plaintiffs, and allowed the case to proceed through limited discovery.
39) This leaves the bailment
analysis, but if the terms of such a transaction were understood to require destruction of the bike (and this would seem the most natural construction if a bailment
had indeed been intended), (40) then its salvage may be characterised as a deviation from the terms of the bailment
, and constitute conversion.
Similarly, if the real property exists in a bailment
situation, the intent is to look to direct property coverage, whether that be in the commercial property forms or inland marine.
197) The only other possibilities are those of bailment
The agreement between the property owner (called the bailor) and the bailee is called a bailment
There are various standards of care that a bailee must meet, depending upon whether the bailment
is gratuitous or a bailment
for hire (paid).
Second, allowing patients a full set of property rights in their excised tissue would seemingly turn tissue transfers into a simple bailment
as the prototype, he shows that the generic understanding of a promise is to take due care, not to guarantee a result.
96) Proving this exception under the Revised Article 9 does not give consignors a right to retrieve their artwork from the bankruptcy estate; instead, courts further analyze whether the transaction falls under section 2-326(3), and if it does not, courts apply common law principles of bailment