Law Review w Prof Wears - 12.08.08

Law Review w Prof Wears - 12.08.08 - LW270 Law Society I...

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LW270: Law & Society I Review by Prof. Wears 12.08.08, John Exley Monday (12/08/08) Review Bailment - Elements 1) Delivery of Possession and Control of PERSONAL property. 2) PERSONAL property. Cannot have a bailment of real property. 3) With the understanding that it will be returned or delivered on as agreed . No transfer of title!!!! Ordinary Bailment: 1. Express – In words, oral or written! Set up our deal , not a contract, might be an agreement, with the understanding that it will be returned or delivered on (mutual understanding) either in writing or in words. a. i.e. Bailment for the sole benefit of the bailor b. i.e. Bailment for the sole benefit of the bailee c. Mutual Benefit Bailment: Only bailment that is a contract, because it has consideration! 2. Implied – No one has agreed to, two sides never agreed to probably, but the law puts the burden on the person who is holding. Best examples: mislaid and lost property. Special Bailment:
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Law Review w Prof Wears - 12.08.08 - LW270 Law Society I...

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