A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (the bailee) is responsible for the safekeeping and return of the property. Ownership or title to the property remains in the bailor.
New Mexico Bailment Contract Between Employer and Employee Regarding Use of Employer's Equipment in Order to Work at Home
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( ACT NO. IX OF 1872 ) 148. A "bailment" is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them.
Bailment in simple words means delivering goods to a particular person without transfer of ownership. It is a technical word or term in common law though etymologically it means handing over of goods. Anyone who gets custody without possession is not a bailee.
There are three types of bailments: (1) for the benefit of the bailor and bailee; (2) for the sole benefit of the bailor; and (3) for the sole benefit of the bailee. A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties.
What to include in an employment contractName and address of employer and employee.Start date.Date contract will apply from.Continuous services date.When the contract is expected to end if temporary or fixed term.Job title or a brief description of duties.Place of work.Requirement to work overseas.More items...?
Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. Actual possession of or control over property must be delivered to a bailee in order to create a bailment.
A bailment can be express (pursuant to agreement by the bailor and bailee) or implied (simply a result of the parties conduct). Example: To illustrate an express bailment, Alex gives his car to Brandi to sell. Brandi will receive a commission for selling the car. Until the car is sold, the situation is a bailment.
Bailees include coat check attendants, valet car services, banks, jewelers, and dry cleaners. A bailee assumes a legal and fiduciary responsibility to safeguard the bailor's property while under their care.
The most common example is availing locker services from banks, i.e., banks are the bailee, and the person keeping his belongings in such lockers are bailor. They both agreed upon for some consideration, i.e., bailor uses the locker, and in turn, bailee charges the consideration for providing such services.
There are three types of bailmentsthose that benefit both parties, those that benefit only the bailor, and those that only benefit the bailee. Although the burden depends on the type of bailment, the bailee must always treat the bailor's property with a reasonable amount of care.