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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.
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 ...
The case overturned the then leading case in the law of bailments, Southcote's Case (1601), which held that a general bailee was strictly liable for any damage or loss to the goods in his possession (e.g., even if the goods were stolen from him by force). Under the ruling in Coggs v Bernard, a general bailee was only liable if he had been ...
For example, someone who intends to possess a suitcase also intends to possess its contents even if they are unknown. It is important to distinguish between the intention sufficient to obtain possession of a thing and the intention required to commit the crime of possessing something illegally, such as banned drugs, firearms or stolen goods. [ 3 ]
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 ...
The state is trying to move past an agreement made amid the coronavirus pandemic that effectively halted lethal injections. Willie James Pye, 59, is set to be put to death March 20. In April 2021 ...
The Bail Project, a national nonprofit that aids thousands of low-income people who are behind bars, announced Monday that it has closed its Atlanta branch due to a new Georgia law that expands ...
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution , the U.S. Code , the Code of Federal Regulations , and the state's constitution .
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