bailment
n . 寄托,保释
寄托,保释
bailment n 1 :
the delivery of personal property in trust by the bailor to the bailee 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 ]
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 .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Tom Hanks - Wikipedia Thomas Jeffrey Hanks (born July 9, 1956) is an American actor and filmmaker Known for both his comedic and dramatic roles, he is one of the most popular and recognizable film stars worldwide, and is regarded as an American cultural icon
Tom Hanks - IMDb Tom Hanks Through the Years Take a journey through the prolific career of Oscar-winning actor Tom Hanks through his standout roles in Philadelphia, Forrest Gump, and more films
Tom Hanks | Biography, Movies, Facts | Britannica Tom Hanks (born July 9, 1956, Concord, California, U S ) is an American actor whose cheerful everyman persona made him a natural for starring roles in many popular films In the 1990s he expanded his comedic repertoire and began portraying lead characters in dramas
Tom Hanks - Actor, Married, Children and Family - Biography Learn about Tom Hanks, his movie career, family life, children and marriage, and his journey to becoming a Hollywood icon
Tom Hanks — The Movie Database (TMDB) Thomas Jeffrey Hanks (born July 9, 1956) is an American actor and filmmaker Known for both his comedic and dramatic roles, Hanks is one of the most popular and recognizable film stars worldwide, and is widely regarded as an American cultural icon
Tom Hanks: Latest News, Pictures Videos - HELLO! Tom Hanks - Discover all of the latest news and updates, including exclusive interviews from the UK, US and rest of the world - HELLO!
New Tom Hanks Film Eyes Bad Bunny, Colman Domingo for Roles Tom Hanks and Marielle Heller are reuniting for a new film about baseball, and Bad Bunny and Colman Domingo are being eyes for supporting roles
Tom Hanks - Age, Bio, Family | Famous Birthdays Legendary actor who won back-to-back Academy Awards for Best Actor for his roles in Philadelphia in 1993 and Forrest Gump in 1994
Tom Hanks (@tomhanks) • Instagram photos and videos 10M Followers, 3 Following, 364 Posts - Tom Hanks (@tomhanks) on Instagram: "I'm that actor in some of the movies you liked and some you didn't Sometimes I'm in pretty good shape
On Opening Day, Tom Hanks’ New Baseball Movie is Being . . . - Parade Key Points Tom Hanks reunites with Marielle Heller for a new baseball film, 'The Comebacker ' The film is experiencing a bidding war, with Sony Pictures reportedly leading negotiations Bad Bunny