Bailment

3 definitions found

From The Collaborative International Dictionary of English v.0.48 [gcide]:

  Bailment \Bail"ment\, n.
     1. (Law) The action of bailing a person accused.
        [1913 Webster]
  
              Bailment . . . is the saving or delivery of a man
              out of prison before he hath satisfied the law.


                                                    --Dalton.
        [1913 Webster]
  
     2. (Law) A delivery of goods or money by one person to
        another in trust, for some special purpose, upon a
        contract, expressed or implied, that the trust shall be
        faithfully executed. --Blackstone.
        [1913 Webster]
  
     Note: In a general sense it is sometimes used as
           comprehending all duties in respect to property.
           --Story.
           [1913 Webster]

From WordNet (r) 2.0 [wn]:

  bailment
       n : the delivery of personal property in trust by the bailor to
           the bailee

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  BAILMENT, contracts. This word is derived from the French, bailler, to 
  deliver. 2 Bl. Com. 451; Jones' Bailm. 90 Story on Bailm. c. 1, Sec. 2. It 
  is a compendious expression, to signify a contract resulting from delivery. 
  It has been defined to be a delivery of goods on a condition, express or 
  implied, that they shall be restored by the bailee to the bailor, or 
  according to his directions, as soon as the purposes for which they are 
  bailed shall be answered. 1 Jones' Bailm. 1. Or it is a delivery of goods in 
  trust, on a contract either expressed or implied, that the trust shall be 
  duly executed, and the goods redelivered, as soon as the time or use for 
  which they were bailed shall have elapsed or be performed. Jones' Bailm. 
  117. 
       2. Each of these definitions, says Judge Story, seems redundant and 
  inaccurate if it be the proper office of a definition to include those 
  things only which belong to the genus or class. Both these definitions 
  suppose that the goods are to be restored or redelivered; but in a bailment 
  for sale, as upon a consignment to a factor, no redelivery is contemplated 
  between the parties. In some cases, no use is contemplated by the bailee, in 
  others, it is of the essence of the contract: in some cases time is material 
  to terminAte the contract; in others, time is necessary to give a new 
  accessorial right. Story,on Bailm. c. 1, Sec. 2. 
       3. Mr. Justice Blackstone has defined a bailment to be a delivery of 
  goods in trust, upon contract, either expressed or implied, that the trust 
  shall be faithfully executed on the part of the bailee. 2 Bl. Com. 451. And 
  in another place, as the delivery of goods to another person for a 
  particular use. 2 Bl. Com. 395. Vide Kent's Comm. Lect. 40, 437. 
       4. Mr. Justice Story says, that a bailment is a delivery of a thing in 
  trust for some special object or purpose, and upon a contract, express or 
  implied, to conform to the object or purpose of the trust. Story on Bailm. 
  c. 1, Sec. 2. This corresponds very nearly with the definition of Merlin. 
  Vide Repertoire, mot Bail. 
       5. Bailments are divisible into three kinds: 1. Those in which the 
  trust is for the benefit of the bailor, as deposits and mandates. 2. Those 
  in which the trust is for the benefit of the bailee, as gratuitous loans for 
  use. 3. Those in which the trust is for the benefit of both parties, as 
  pledges or pawns, and hiring and letting to hire. See Deposit; Hire; Loans; 
  mandates and Pledges. 
       6. Sir William Jones has divided bailments into five sorts, namely: 1. 
  Depositum, or deposit. 2. Mandatum, or commission without recompense. 3. 
  Commodatum, or loan for use, without pay. 4. Pignori acceptum, or pawn. 5. 
  Locatum, or hiring, which is always with reward. This last is subdivided 
  into, 1. Locatio rei, or hiring, by which the hirer gains a temporary use of 
  the thing. 2. Locatio operis faciendi, when something is to be done to the 
  thing delivered. 3. Locatio operis mercium vehendarum, when the thing is 
  merely to be carried from one place to another. See these several words. As 
  to the obligations and duties of bailees in general, see Diligence, and 
  Story on Bailm. c. 1; Chit. on Cont. 141; 3 John. R. 170; 17 Mass. R. 479; 5 
  Day, 15; 1 Conn. Rep. 487; 10 Johns. R. 1, 471; 12 Johns. R. 144, 232; 11 
  Johns. R. 107; 15 Johns. R. 39; 2 John. C. R. 100; 2 Caines' Cas. 189; 19 
  Johns. R. 44; 14 John. R. 175; 2 Halst. 108; 2 South. 738; 2 Harr. & M'Hen. 
  453; 1 Rand. 3; 2 Hawks, 145; 1 Murphy, 417; 1 Hayw. 14; 1 Rep. Con. Ct. 
  121, 186; 2 Rep. Con. Ct. 239; 1 Bay, 101; 2 Nott & M'Cord, 88, 489; 1 
  Browne, 43, 176; 2 Binn. 72; 4 Binn. 127; 5 Binn. 457; 6 Binn. 129; 6 Serg. 
  & Rawle, 439; 8 Serg. & Rawle, 500, 533; 14 Serg. & R. 275; Bac. Ab. h. t.; 
  1 Bouv. Inst. n. 978-1099.