The introduction of PPSA, with its emphasis on function of an interest rather than its form and its express inclusion of the interests of certain bailors, lessors and consignors, now expands the range of transactions in which artists and art organisations encounter rules pertaining to secured transactions.
Case law in Australia indicates that the leasing or bailing must be a proper component of the particular business (20) and suggests that the lessor or bailor should be engaged as such in a profit-making activity.
253, 256, 261 (1933) (upholding New Jersey court's application of New York law imposing vicarious liability on bailors
of automobiles for injuries caused by the negligence of bailees under a tort characterization of the case).
The depositors are bailors
of the specie, the "providers" bailees.
, research participants would presumably retain the right to remove and transfer their tissues willy-nilly--as the district court in Catalona feared.
As stated above, the evidence conclusively showed facts from which there was established a bailment with the Caranases as bailors
and the hotel as bailee.
Heightened standards have also applied, under the common law, to bailors
and to innkeepers and to certain other enterprises of a public nature, on which consumers depend heavily for their safety.
53) Furthermore, the Court emphasized that application of forfeiture provisions to "lessors, bailors
, or secured creditors who are innocent of any wrongdoing .
Given such complexity of aims and terms, it is perhaps surprising that so few disputes involving the relations between bailors
and bailees of cultural objects have come to court.
174) In passing, the court mentioned that the Feldmans were bailors
(175) who, as such, were not required to file a financing statement, but if they had, American would have been on notice of its position.
The main moral to be drawn from Spencer v Franses is that bailees should confront in advance all potential points of doubt that might arise from their possession of the bailed chattel and from their relations with their bailors
successfully claimed that the defendants were answerable unless they could prove that the theft occurred without the negligence or complicity of their servant.