Chapters cover finders, bailments
, sales and good faith purchasers, gifts of personal property, joint bank accounts, adverse possession of personal property, and common law estates in personalty.
Solutions evolved into business practices of financing, management, marketing, accounting and legal arrangements of property rights, sales, bailments
, leasing, rentals, and remedies afforded upon breach of those arrangements.
(8) Operating leases and more general bailments
, (9) such as the loan of an artwork for the purposes of exhibition, fell into neither category, lacking any security function.
(58) We selected four areas perched between property and contract--landlord-tenant, trusts, bailments
, and security interests--and we showed that standardization exhibits the pattern we expect.
(244.) Bouley, supra note 241, at 1032 (noting that while cases are still tried, they are conspicuously few considering how many bailments
there are in cattle country).
slight, ordinary, and gross negligence--may be traced to Roman law (96) and continued into England with the law of bailments
. (97) The concept arose as a way of delineating between "actual variations in negligence itself," i.e., the concept of negligence may be segregated into three distinct categories of actionable negligence.
From this evidence, it is clear that the keeping of fractional reserves within the Chettiar system stemmed from debt contracts and not from bailments
. White (2003) stresses the possibility of a hybrid instrument between a pure debt and a pure safekeeping transaction, calling it "demandable debt." This in-between category of demandable debt seems to apply well to the Chettiar case.
are another example of this accumulation of remedies.
Whenever the issue of "c,c,c" is raised in a CGL context, invariably the entire discussion seems to assume we are only talking personal property bailments
, such as our specific claim in last month's article.
In contrast to licenses and bailments
, leases in general are treated as property interests that give the lessee the right of exclusive possession, and the tenant, unless prohibited by the terms of the lease or by law, would be allowed to use the property in the tenant's business.
(107) If the transaction fails one of the elements of section 9-102(a)(20), courts then see if section 2-326's "sale on approval" or "sale or return" provisions are applicable, (108) Finally, if both Article 9 and section 2-326 do not apply, courts revert to the common law of bailments
to try to resolve the issue.
These exposures include owned or leased real property, business equipment, processed or unprocessed inventory, property of others such as commercial bailments
or employees' and customers' property, and the stream of income generated by the business.