CHAPTER 16

Lindsay Whipple

TRUE OR FALSE: A FRIEND BORROWING A HEDGE TRIMMER FROM YOU IS A GOOD EXAMPLE OF A BAILMENT FOR THE SOLE BENEFIT OF THE BAILOR

True False

TRUE OR FALSE: A REDUCTION OF THE DUTY OF CARE IMPOSED BY LAW ON A MERCHANT MAY BE ACHIEVED BY USE OF A DISCLAIMER

True False

TRUE OR FALSE: THE BAILOR IS THE PARTY WHO GIVES UP POSSESSION OF THE PROPERTY True False

COMMON CARRIERS MUST EXCERSIZE ___ CARE TOWARDS ITEMS BAILED INTO THEIR CARE FOR TRANSPORT

OrdinaryExtraordinaryMinimal

THE RENTAL OF A TRUCK TO A YOUNG COUPLE TO FACILITATE THEIR MOVE TO A NEW COMMUNITY IS A GOOD EXAMPLE OF: Mutual-benefit bailment Gratuitous bailment

A BAILEES LIEN ALLOWS THE BAILEE TO RETAIN ___ OF THE GOODS UNTIL BAILEE IS PAID Use Title Possession

___ OCCURS WHEN THE BAILEE RECIEVES AND ACCEPTS A SYMBOL OF THE PERSONAL PROPERTY

Custody Demurrage Constructive bailments

CARRIER’S LIEN IS… A fee for use of the transportation vehicl

e when it is not loaded/unloaded on time

Something that retains the goods until charges for transportation and incidental services are paid

___ MEANS THAT THE BAILEE WILL BE LIABLE IF NEGLIGENT IN SOME WAY Ordinary care Mutual-benefit Bailment

WHEN ONLY ONE OF THE PARTIES BENEFIT FROM THE BAILMENT, A ___ ARISES Extraordinary bailment Gratuitous bailment

A ___ IS A SIGN, LABEL, OR WARNING REDUCING THE BAILEE’S DUTY OF CARE Bailee’s liens Disclaimer Doctrine of capture

AN INDUSTRY MAY SEEK TO AVOID THE DUTY OF CARE ESTABLISHED BY THE COMMON LAW BY…

Creating a disclaimer Lobbying for legislation with a state/reg

ulatory body

WHEN A FRIEND OR RELATIVE BORROWS EQUIPMENT AND OTHER PERSONAL PROPERTY FROM ONE ANOTHER WITHOUT CHARGE IS IS… Gratuitous bailments for the sole benefit

of the bailee

A mutual benefit bailment

TRUE OR FLASE: INVOLUNTARY BAILENTS MAY ARISE WHEN MAIL IS DELIVERED TO THE WRONG ADDRESSEE? True False

TRUE OR FLASE: BOTH THE BAILOR AND BAILEE DO NOT OWE VARIOUS DUTIES AT LAW IN ORDER TO ENSURE THE SUCCESS OF THE BAILEMENT True F

TO HAVE TEMPORARY CONTROL OF ANOTHER’S PERSONAL PROPERTY YET NOT HAVE A BAILMENT IS TO HAVE… A constructive bailment A demurrage Custody

TRUE OR FALSE: DEATH, INSANITY, OR BANKRUPTCY ARE NOT REASONS TO END A RELATION WHEN A BAILEE’S DUTY IS NOT PREFORMED

True False

TRUE OR FALSE: IN ACTUAL BAILEMENTS, BAILEES RECEIVE AND ACCEPT THE GOODS THEMSELVES

True False

A SIGN, LABEL, OR WARNING REDUCING THE BAILEE’S DUTY OF CARE IS.. Bailee’s liens Disclaimer

TRUE OR FALSE: IN A MUTUAL-BENEFIT BAILMENT, THE BAILOR’S MAIN DUTY IS TO PROVIDE GOODS FIT FOR THE INTENDED PURPOSE

True False

INCORRECT

CORRECT

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