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party, who wrongfully retains the lost or stolen property of another, includes using bailed property for unautherized purpose or refusing to return property

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Tortuous in a sentence?

The climb up the mountain was tortuous and brutal.


Describe a bailment wherein you have a bailor and a bailee?

When you leave your car at a valet parking service, you are the bailor and the valet company is the bailee. The valet company is responsible for taking care of your car while it is in their possession, but they do not own the car.


Give some examples of bailment and pledge of real life situation?

Examples of Bailment i) hiring scooter ii)handing over mobile for repair and Example of Pledge ii) X borrows Rs.5000 from Y and keeps his bike as security hope that helps


What is bailee legal liability?

A bailee is a person who receives possession of a property or goods through a contract of bailment. Unlike a contract of sale, the bailee has to return the goods or property to the bailor, under a contract of bailment. A bailee is responsible for the safekeeping and return of the property to the bailor or otherwise disposing it off according to the contract of bailment. A bailee is also referred to as a custodian. The bailee owes a duty of care towards the property or the goods of the bailor, when the bailee is in possession of the property. Generally, a bailment is for the exclusive benefit of the bailee. A bailee must have actual physical control of the goods or property and an intention to possess it, in order to create a bailment. However, a bailee has no power to make contracts on behalf of the bailor. A bailee cannot make a bailor liable for his/her own acts. The bailee is responsible for the safekeeping of the property or the goods so transferred. Leaving goods in a sealed and rented box will not amount to bailment, and the holder is not a bailee since he cannot manage or control the goods.


What duty of care is owed in a bailment?

The answer depends on who is benefited by the bailment. If the bailee is the only person receiving any benefit from the bailment, then the duty of care is higher. For example: Person A (bailee) borrows a car from person B (bailor) to go to work on Tuesday. Person A receives the benefits of (1) getting to work, (2) with ease, (3) safely, (4) without needing to pay the price of a vehicle. Person B receives no benefit but conversely certain risks including (1) no transportation on Tuesday, (2) possible damage to the vehicle, (3) possible total loss to vehicle. In short, when the Bailee receives all of the benefit, then he assumes a reasonable duty of care to return the car without hurting the bailor. If the car is damaged, the bailee will be wholly liable for the cost to repair the car. Lastly, if the bailment offers benefits to both parties, then the liability will change. However, as a general rule, the duty of care is always "reasonable" which is subjective based on who receives benefits. Hope this helps.

Related Questions

Is a mountain tortuous or torturous?

tortuous


What is an example of a sentence using the word tortuous?

The tortuous climb wore me out.


Can tortuous be with turtles?

the two words are not connected; tortuous means suffering and pain.


Tortuous in a sentence?

The climb up the mountain was tortuous and brutal.


Why is being a babysitter not a bailment?

A bailment is the temporary placement of control over, or possession of Personal Property. A baby is not personal property.


How do you use the word tortuous in a sentence?

The U.S. Marine Corps' obstacle course is touted as being quite tortuous. My dental exam was so tortuous that I actually had muscle cramps afterward.


What is the noun for the word tortuous?

The noun form for the adjective tortuous is tortuousness. Another noun form is torture.


What is bailment?

A bailment is a handing over of control over, or possession of, personal property by one person, the bailor, to another, the bailee, for a specific purpose.


Is a mountain road tortuous or torturous?

A mountain road is tortuous. My singing is torturous. And when I violate a contract I am being tortious.


Sale and bailment?

In sale title and possession both get transfered while in contract of bailment only possession get transfered. Sale is governed by the Transfer of roperty Act and latter by the Indian Contract Act1872 In case of sales,the return of goods in contract of sale is not possible. whereas in contract of bailment,the bailee must return the goods to the bailor on the accomplishment of the purpose for which the bailment was made.


What are tortuous vessels?

twisted vessels


What is another word for tortuous?

severe