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Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership.To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel for example a car mechanic business when a car has been dropped off for repair.
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
In English law, the pledge is in the possession of the pledgee, as opposed to a nonpossessory lien or a mortgage. [3] Another difference between Roman and English law is that certain things (e.g. apparel, furniture and instruments of tillage) could not be pledged in Roman law, while there is no such restriction in English law.
A common transaction involving bailment is a conditional sale or hire-purchase, in which the seller lets the buyer have possession of the thing before it is paid for. The buyer pays the purchase price in installments and, when it is fully paid, ownership of the thing is transferred from seller to buyer.
New Florida laws are making condo living increasingly expensive and are forcing many owners out. Florida realtor Jeff Chenore has been in the real estate business for 30 years and says the ...
The Florida Constitution defines how the statutes must be passed into law, and defines the limits of authority and basic law that the Florida Statutes must be complied with. Laws are approved by the Florida Legislature and signed into law by the Governor of Florida. Certain types of laws are prohibited by the state constitution.
Historically, detinue came in two forms: "detinue sur bailment" and "detinue sur trover". In detinue sur bailment, the defendant is in a bailment relationship with the claimant and either refuses to return the chattel or else has negligently or intentionally lost or destroyed it. The onus is on the bailee to prove that the loss of the chattel ...
Trover, which involved lost goods or those placed in a bailment, necessitated full replacement damages. Once the damages were paid, the ownership of the chattel passed to the defendant in trover. The modern law of conversion crystallised after the case of Fouldes v Willoughby (1841) 8 M & W 540, 151 ER 1153. Two horses owned by the plaintiff ...