Relevant bibliographies by topics / Bailments

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  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Bailments'

Author: Grafiati
Published: 4 June 2021
Last updated: 28 July 2024

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Journal articles on the topic "Bailments"

1

Phang, Andrew. "Sub-Bailments and Consent." Modern Law Review 58, no. 3 (May 1995): 422–30. http://dx.doi.org/10.1111/j.1468-2230.1995.tb02021.x.

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Alberto, Louis M. "Contemporary Problems in Hotel and Restaurant Law: Innkeeper Bailments." Hospitality Education and Research Journal 12, no. 3 (August 1988): 43–51. http://dx.doi.org/10.1177/109634808801200304.

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Hunter, Jr Richard J., Henry J. Amoroso, and John H. Shannon. "A Primer on the LAW in the United States: Part III Scope of Liability in Product Liability Cases." International Journal of Learning and Development 2, no. 4 (July 4, 2012): 1. http://dx.doi.org/10.5296/ijld.v2i4.2049.

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In Part III of our study, the authors describe the types of transactions that are most common in products liability cases and also delineate the parties to the transaction. This article concludes by discussing some “special topics” in modern product liability law: enterprise liability, alternative liability, and market share liability. The article relies on references to the Uniform Commercial Code, the Restatement of the Law of Torts, and cites the major common law cases that have impacted on these important issues. Key Words: Products Liability; Bailments; Franchising; Used Goods; Enterprise Liability; Market Share; Alternative Liability
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Renner, Shirley. "Liability in Bailment in Israeli Law — Rethinking Benefit." Israel Law Review 31, no. 4 (1997): 744–53. http://dx.doi.org/10.1017/s0021223700015491.

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While “classical” tort law deals with the liability of those unlawfully in possession of goods for their damage or loss, the law of bailment deals with the liability of those lawfully in possession of goods for their damage or loss.The Israeli statute relating to bailment, The Bailees Law, more closely resembles the law of bailment in common law, than its civil law counterpart, the law of deposit. Similar to the law of bailment in common law, Israel's Bailees Law covers both possession where the primary object is the safekeeping of goods, e.g., a warehouseman, and possession where the primary object is other than safekeeping of goods, e.g., chattel hire, hire of work and labour to be performed upon a chattel, and a pledge.In terms of liability for the loss of or damage to the goods, the Israeli statute roughly resembles the “traditional” law of bailment in the common law, which distinguishes different kinds of bailment according to the existence and location of benefit received.
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Lachner, Višnja, and Jelena Kasap. "The foundations of creditor's liability in gratuitous contracts in Croatian medieval law." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 205–26. http://dx.doi.org/10.5937/zrpfn0-28603.

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Gratuitous contracts (bailments) are the most common legal affairs in everyday legal transactions. On the one hand, their informal nature that distinguishes them from other legal affairs facilitates their application; on the other hand, it complicates the legal position of the contracting parties in case of breach of contractual obligations. Liability for breach of contractual obligation equally affects both contracting parties: the creditor and the debtor. In accordance with the principle of utility, the debtor is a contracting party that benefits most from the conclusion of a gratuitous contract. However, the discussions about the creditor's obligations and the liability criteria have been quite rare ever since the development of the earliest legal systems. This is not surprising given the fact that the gratuitous contracts are, almost as a rule, concluded between friends and acquaintances, and marked by the trust of the contracting parties. The foundations of the privileged liability of creditors, both in Western European legal systems and in Croatian law, are based on Roman law principles, which have been entered into the modern law of obligations through reception of the ius commune legal norms. As the issue of creditors' liability in gratuitous contracts has not been sufficiently examined in the Croatian scientific literature, this research is aimed at exploring and establishing the legal grounds of liability of the lender (creditor), the depositor, and the donor in Croatian law, by analyzing and comparing the available historical sources of Croatian medieval law. In that context, the authors will also discuss in more detail the reasons for enacting the unique legal solutions contained in the Croatian Obligations Act.
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Mandloi, Kartik. "Commercial Utility of Bailment." International Journal of Trend in Scientific Research and Development Volume-2, Issue-5 (August 31, 2018): 1093–98. http://dx.doi.org/10.31142/ijtsrd17038.

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Hribov, M., A. Venediktov, and Yu Venediktova. "Problems of releasing a person from criminal liability in connection with bail." Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav 26, no. 2 (April 14, 2021): 8–18. http://dx.doi.org/10.33270/01211192.8.

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The purpose of the study is the determination of the possibility of a person’s releasing from criminal liability in connection with his/her bailment to another subject rather than the bailment to a collective of a company, an institution, an organization (in particular, to a labor collective formed by an individual as an entrepreneur), and also making the appropriate proposals for improvement of the legislation. Methodology. The methodological basis of the research is a dialectical-material method of scientific cognition of social and legal phenomena, as well as general scientific and special methods of legal science, in particular: systematic-structural; comparative-legal; logical-legal (dogmatic); statistical. The scientific novelty of the conducted research is contained in the provement of the possibility, within the borders of the current legislation, to release a person from criminal responsibility on the basis of bailment to a labor collective, formed by an individual as an entrepreneur, as well as in the justification of the expediency of preservation the institution of release from criminal responsibility in the new Criminal Code of Ukraine. In the new Criminal Code of Ukraine, which is now on the stage of the active development, the institution of release from criminal responsibility must necessarily find its place. One of the important components of the abovementioned institution should be the release of a person from criminal responsibility in connection with his/her bailment. In this case, the law should establish that a subject which takes a person on bail may be a collective of a legal entity or its separate subdivision, as well as a labor collective formed by an individual entrepreneur (if the accused person is a member of the relevant collective). Conclusions. The list of the bailment subjects can be extended by the legislator at the expense of persons who deserve confidence and special trust. Such persons, when applying to the court with a request, must take written obligations, the content of which are the subject to the clear legislative regulation (with a mandatory list of specific control measures to monitor the behavior of the person released from criminal responsibility)
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Mundhra, Manisha. "Judicial Understanding of Gratuitous Bailment." RESEARCH REVIEW International Journal of Multidisciplinary 5, no. 7 (July 15, 2020): 96–98. http://dx.doi.org/10.31305/rrijm.2020.v05.i07.021.

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Dempster, Hamish. "Clearing the Confusion Surrounding Bailment: Bailment as an Exercise of Legal Power by the Bailor." Common Law World Review 33, no. 4 (November 2004): 295–331. http://dx.doi.org/10.1350/clwr.33.4.295.55940.

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Tettenborn, Andrew. "Contract, Bailment and Third Parties—Again." Cambridge Law Journal 53, no. 3 (November 1994): 440–43. http://dx.doi.org/10.1017/s0008197300080788.

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Dissertations / Theses on the topic "Bailments"

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Marr, Ulf [Verfasser]. "Der Schutz des Mobiliarbesitzers ohne unmittelbare Sachherrschaft : Mittelbarer Besitz und Bailment im Rechtsvergleich / Ulf Marr." Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2017. http://d-nb.info/1133461336/34.

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Majdzadeh, Khandani Kourosh. "Rights and liabilities of the consignees/endorsees : a comparative study of the Rotterdam Rules and English Law." Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/rights-and-liabilities-of-the-consigneesendorsees-a-comparative-study-of-the-rotterdam-rules-and-english-law(aa10e154-facf-4573-a10f-30786c51e4c0).html.

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In the context of an international carriage of goods by sea contract, the consignees and endorsees are the two important categories of the parties whom their rights and liabilities have not been legislated for in any international carriage of goods by sea convention until the adoption of the Rotterdam Rules. The truth is that, in contrast to the rights and the correlative liabilities and obligations of the shippers and carriers, the rights and liabilities of the consignees and endorsees have always been dealt with by the domestic and national laws. However, the Rotterdam Rules, with the goals of promoting legal certainty, improving the efficiency of international carriage of goods and harmonization and modernization of the carriage rules, for the first time at an international level, have attempted to regulate the provisions governing the rights and liabilities of the latter parties. Thus, the application of the Rotterdam Rules, in case they gain the force of law, will be broader than any other international maritime convention. Therefore, this has compelled the necessity of carrying out a profound and detailed critical analysis of the new, and somewhat innovative, regulations, since the impact of the application of the Convention on the existing carriage of goods by sea rules, both nationally and internationally will be crucially significant. The UK as one of the major actors of the maritime industry has a long-established set of rules particularly in the field of rights and liabilities of the parties, both in the common law and statutory senses, governing the carriage of goods by sea affairs for centuries. This thesis aims to evaluate the relevant provisions of the Rotterdam Rules by way of comparison with their corresponding rules of the English law in order to find out whether these new sets of regulations can establish a reliable source of reference for the consignees and endorsees who wish to ascertain their rights and become aware of their obligations and liabilities. In other words, the main objective of this study is to examine whether the Rotterdam Rules clearly define and specify the rights and liabilities of the consignees and endorsees to a contract of carriage of goods by sea. Further, it is going to investigate whether the Convention succeed in achieving its goals with respect to the rights and liabilities of these parties. Also, ratification of the Rotterdam Rules is believed to have a significant impact on the English maritime law and therefore, the question whether it is reasonable for the UK to ratify the Convention will be answered in this research. It is suggested that the findings of this thesis in addition to the solutions proposed to solve the difficulties, ambiguity and complexity of the existing rules, will be of assist to the UK authorities as well as the legislative bodies in other jurisdictions in order to obtain a more effective decision on the adoption of the Rotterdam Rules. This study ends with illustrating an alarming vision of the future of maritime law which will be largely affected by the evolution of smart technologies in the shipping industry.
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POMAHAČOVÁ, Dana. "Účetní a daňové aspekty finančního leasingu v obchodní společnosti." Master's thesis, 2007. http://www.nusl.cz/ntk/nusl-46327.

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The objective of the thesis is to examine and appraise the accounting and taxation aspects of financial leasing in a particular trading company until valid rules of law within the territory of the Czech Republic. All the information gained was elaborated mainly by the combination of text and open excerption methods. Also methods of synthesis and deduction were used. The text of the thesis is joined by charts, model examples and a diagram which illustrates specialization of the leasing within the Czech Republic. Financial leasing is considered as a very flexible instrument for funding of the long term company requisites. Financial leasing is usually translated as a lease which is followed by surrender of a hired object when the period of lease is over. For a leaseholder financial leasing represents a long term commitment, usually a fixed one. The practical section of the thesis is focused on investigation of accounting and taxation aspects and their impact on a business unit. The cost development of financial leasing, bank credit and cash buying is compared among others.
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Books on the topic "Bailments"

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Palmer, N. E. Bailment. 2nd ed. London: Sweet and Maxwell, 1991.

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Mezzasoma, Lorenzo. Il danno da cose negli ordinamenti italiano e spagnolo. Napoli: Edizioni scientifiche italiane, 2001.

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Kahane, Baruch. Shomrim. Yerushalayim: Miśrad ha-mishpaṭim, 1998.

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Commission, New South Wales Law Reform. Disposal of uncollected goods. Sydney: The Commission, 1988.

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Renner, Shirliy. Ḥoḳ ha-shomrim, 727-1967. [Jerusalem]: ha-Makhon le-meḥḳere ḥaḳiḳah ule-mishpaṭ hashṿaʼati ʻa. sh. Hari u-Mikhaʼel Saḳer, ha-Faḳulṭah le-mishpaṭim, ha-Universiṭah ha-ʻIvrit bi-Yerushalayim, 1998.

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Schaick, A. C. van. Rechtsgevolgen en functies van bezit en houderschap. Deventer: Kluwer, 2003.

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Jones, William. An essay on the law of bailments. Littleton, Colo: F.B. Rothman, 1998.

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Loifer, ʻOded Lipa. Sefer Mishpeṭe ha-mamon: Hilkhot shomrim. Bene Beraḳ: Bet midrash le-dine mamonot "Zikhron Mosheh", 2003.

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Erten, M. Ali. Bankacılık uygulamasında ticarı̂ işletme rehni. Cebeci, Ankara: Banka ve Ticaret Hukuku Araştırma Enstitüsü, Türkiye İş Bankası Vakfı, Hukuk Fakültesi, 2001.

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Joseph, Story. Commentaries on the law of bailments: With illustrations from the civil and the foreign law. Littleton, Colo: F.B. Rothman, 1986.

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Book chapters on the topic "Bailments"

1

"When Bailments Go Awry." In Legal Writing, Legal Practice, 51–72. SBL Press, 2022. http://dx.doi.org/10.2307/j.ctv2bfhhd8.7.

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Burrows, Andrew. "BAILMENT." In English Private Law, 883–926. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199661770.003.0016.

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Jackson, Bernard S. "“Bailment”." In Wisdom-Laws, 331–66. Oxford University Press, 2006. http://dx.doi.org/10.1093/acprof:oso/9780198269311.003.0011.

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"Bailment." In Australian Commercial Law, 196–216. 2nd ed. Cambridge University Press, 2020. http://dx.doi.org/10.1017/9781108629003.012.

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"(b) Bailment." In Law of Restitution in England and Ireland, 242–43. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843143970-31.

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Fox, D., RJC Munday, B. Soyer, AM Tettenborn, and PG Turner. "3. Bailment." In Sealy and Hooley's Commercial Law, 86–98. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198842149.003.0003.

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This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee’s liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.
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Clarke, MA, RJA Hooley, RJC Munday, LS Sealy, AM Tettenborn, and PG Turner. "3. Bailment." In Commercial Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780199692088.003.0003.

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This chapter deals with bailment, defined as a transaction under which a bailee lawfully receives possession of goods from a bailor for some purpose. Examples of bailment from commercial law include warehousing, carriage, the deposit of property to have work done on it, leasing, and pledge. A buyer under a sale or return transaction is, pending acceptance or rejection, a bailee of the goods. After explaining what a bailment is, the chapter considers types of bailment and three requirements for a bailment: transfer of possession; ownership remaining in the bailor, or at least not passing to the bailee; and consent by the bailee. It then examines the bailee's liability and the burden of proof with respect to bailment before concluding with an analysis of bailment involving third parties, focusing in particular on sub-bailment.
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"bailment, n." In Oxford English Dictionary. 3rd ed. Oxford University Press, 2023. http://dx.doi.org/10.1093/oed/1069476317.

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"The Creation of a Bailment." In Legal Writing, Legal Practice, 13–50. SBL Press, 2022. http://dx.doi.org/10.2307/j.ctv2bfhhd8.6.

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Austen-Peters, A. O. "Identification Of Custody Assets." In Custody Of Investments: Law And Practice, 35–54. Oxford University PressOxford, 2000. http://dx.doi.org/10.1093/oso/9780198298588.003.0003.

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Abstract The analysis in Chapter 2 suggests that the practice of custody is often generally compatible with the establishment of a bailment or trust. In this way, investors may retain a direct legal or equitable interest in relation to custody assets so that in the event of the insolvency of the custodian the assets would not be available to his general creditors and could be retrieved by investors as their own. However, the transitive nature of such legal structures requires that they relate to something. This chapter seeks to determine whether the types of investments under consideration and modern custodial practices permit sufficient identification to accommodate a bailment or trust.
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