Delaware Request for Delivery of Goods in Absence of Bill of Lading; Offer of Bond

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US-02567BG
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Description

A bailment is created when personal property is delivered (without title) under an agreement that the property be returned to the bailor or otherwise disposed of according to its owner???s directions. Bailments involving tangible items (jewelry, cattle, automobiles, etc.) are more frequent than bailments of intangible personal property (promissory notes, shares of stock, etc.).

A bill of lading is a special kind of bailment. Any commercial transaction may involve a shipment or storage of goods covered by a bill of lading, a warehouse receipt, or a delivery order. These documents of title are subject to Article 7 of the UCC. To be a document of title, a document ???must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee???s possession which are either identified or are fungible portions of an identified mass??? [UCC 7???102(1)(e)].

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FAQ

Laws, c. 38, § 6]. (a) Possession. ? Except as described in subsection (b) of this section, any person who uses or possesses with intent to use drug paraphernalia is guilty of a class B misdemeanor.

"§ 4756. Aggravated Possession. Class F Felony. Except as authorized by this chapter, any person who possesses a controlled substance in a Tier 1 quantity shall be guilty of a Class F felony.

In order to rise to the level of a material breach at common law, the breach must go ?to the root or essence of the agreement between the parties, or [touch] the fundamental purpose of the contract and defeats the object of the parties in entering into the contract.?

Any person who uses or possesses drug paraphernalia as defined in Title 16, Section 4701(17) of the Delaware State Code for the use or possession of a personal use quantity of marijuana shall be assessed a civil penalty of not more than $100.00, in addition to such routine assessments necessary for the administration ...

Class G felonies carry a maximum sentence of two years. Examples include resisting arrest with force or violence, second-degree child abuse, and aggravated harassment. In addition to imprisonment, a sentence can include fines, surcharges, and restitution orders.

Delaware classifies certain drugs as controlled substances, the more common of which are cocaine and crack cocaine, heroin, marijuana, and methamphetamine. However, the state also classifies certain prescription medications as CDS.

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Delaware Request for Delivery of Goods in Absence of Bill of Lading; Offer of Bond