The bailor is the owner of the transferred property. As the bailor, you have the right to receive your property back in an acceptable manner. For example, your car should be returned to you in the same condition you left it if you valet parked it. What is considered acceptable returned property by the…
11. It was the duty of the Defendant to ensure safe and proper loading, securing and inspection of cargo prior to transit. Defendant breached that duty of due care by failing to use proper procedures and failed to ensure safe conditions for the shipment of their…
This is considered a mutual benefit bailment. A bailment for the mutual benefit of the parties is created when there is an exchange of performances between the parties. A bailment for the repair of an item is a bailment for mutual benefit when the bailee receives a fee in exchange for his or her work. (legal-dictionary.com, 2013) Three elements are generally necessary for the existence of a bailment: delivery, acceptance, and consideration. In a bailment for mutual benefit, the bailee must take reasonable care of the bailed property.…
C.(2)- Purchasing agents who arrange for shipment of raw materials from vendors are responsible for verifying actual receipt of the inventory items at the receiving dock.…
(i) The prosecutor is designate to reasonable compensation for the loss incurred which he was failed to acquire on account of being privilege from the rent out building for running of his coffee shop…
Ong, D, ‘The Knowledge or Role that makes a Person an Accessory under the Barnes v Addy Principle’ (2005) 17 Bond Law Review 6…
A. Loans were made on the security of the person and failure to repay by the due date would result in the borrowers and their family to be liable for seizure. Land was owned by few.…
B) The proper plaintiffs in the action are the shareholders, under the relief from oppression provision.…
Yes, the seller should cure the nonconforming goods for the buyer. If the buyer accepts the sellers re-tempt to make another delivery because the nature of the circumstance, it would need to be done within the time for performance expires. (UCC 2-508; 2A-513)…
Tender of delivery by Seller: To be in a position to bring suit on a sales contract, the seller of goods must make tender of delivery, that is, offer to turn the goods over to the buyer. Failure to make this offer is an excuse for buyers not to perform their part of the bargain. The seller must put and hold the goods at the buyer’s disposition and notify the buyer that the goods are being tendered during reasonable hours and for a reasonable period of time. In a shipment contract, the seller must put the goods in the possession of a carrier and contract with that carrier for their transportation. Any necessary documents must be sent to the buyer, who must be promptly notified of the shipment. If the seller does not make a reasonable contract for delivery or notify the buyer and a material delay or loss results, the buyer has the right to reject the shipment. Suppose the goods are perishable, such as fresh produce, and the seller does not ship them in a refrigerated truck or…
The right of a transferee of receivables to receive payment from the transferor of those receivables for any of the following: failure of debtors to pay when due, the effects of prepayments and adjustments resulting from defects in eligibility of the transferred receivables. (FASB ASC 860-10-20)…
6. It seems that, the principal is not liable to the customer for the value of the destroyed antique. This is because of the following reasons:…
(c) in the case of a contract governed by the law of sale of goods or hire-purchase, or by section 7 of this Act, the goods passing under or in pursuance of the contract are of a type ordinarily supplied for private use or consumption.…
Cheeseman, H. R. (2010). Personal property and bailment [University of Phoenix Custom Edition eBook]. : Pearson education. Retrieved from University of Phoenix, LAW/531 website.…
This is captured in order 13 rule 83 where if the court justifies that the resistance or obstruction was occasioned without any just cause by the judgment-debtor, or by some other person at his instigation, it shall direct that the applicant be put into possession of the property, and, where the applicant is still resisted or obstructed in obtaining possession,…