¶ … person gives another person some property for safekeeping, that results in a bailment (Sullivan & Sheffrin, 2003). The bailor transfers the property to the bailee, and physical possession of the property must be taken for this legal relationship to occur. This is a common law relationship, and is not a gift or a contract for sale (Sullivan & Sheffrin, 2003). In other words, the bailor is not giving the item away on a permanent basis, and he or she is also not selling the item to the bailee. The only thing that takes place is the transfer of property on a temporary basis (Sullivan & Sheffrin, 2003). The bailment takes place when the bailee both intends to possess and actually possesses the property. Another important aspect of the bailment is that the bailee generally is only allowed to hold the property. He or she does not have any use of the property while it is in his or her possession (Sullivan & Sheffrin, 2003). Leaving a car with a valet at a restaurant is one example of a bailment. The person leaving the car is not giving up any ownership or rights, nor is he or she giving the valet or anyone at the restaurant permission to use the car. There are, of course, other ways to create a bailment (Coggs, 1704; Sullivan & Sheffrin, 2003).
There are three different purposes of bailments. A person can have a bailment that benefits both the bailor and the bailee, one that only benefits the bailee, or one that benefits only the bailor. When there is an exchange of the good for a service, both parties benefit from the bailment. When a bailee provides something free of charge to the bailor, only the bailor benefits. Conversely, when a bailor loans or provides something to a bailee, only the bailee benefits. There are also five types of bailments. These are: gratuitous agency, deposit, possessory, loan for hire, and loan for use (Franklin, 2001). There are bailments that arise in all different ways and circumstances, but there is no way that the bailee will avoid liability completely. That is something the bailee should be careful of in a bailment.
Depending on the laws of the jurisdiction in which the bailment occurred, the bailee could have a great deal of liability or virtually none at all. Anyone who is going to be involved in a bailment must be aware of the issues that he or she can face with it (Sullivan & Sheffrin, 2003). Legal issues can crop up and can be very difficult to deal with, especially if the person does not know the ins and outs of bailments. If a person has been asked to be a bailee, he or she should not just automatically accept that request. Instead, it is very important that the person considers legal ramifications and asks questions of a knowledgeable party so there are no surprises at a later date. Understanding the rights and responsibilities of both the bailor and the bailee is the only way to have a safe and successful bailment transaction.
2. There are many different business forms. All of them are important, because they can provide information to those who want to have legal and complete transactions with other people. Sole proprietorships, partnerships, LLCs, and other types of corporations are all vital entities in daily life, but they are all structured differently and they all have their places in business and industry (Wiening, et al., 2002; Berger, Cummins, & Weiss, 1997). Sole proprietorships are designed to be owned by one person. That is the basis of that type of legal entity, and does not leave room for interpretation or adjustments. That does not mean that the person cannot hire others to help him or her, but only that there are no other owners of the company. Many people who have small businesses are sole proprietors, and many just use their name as a "company name." Some do not actually have a company, but because they are freelancers who are selling goods or performing services, they are deemed sole proprietors from the standpoint of government regulation and taxation issues on federal, state, and local levels (Berger, Cummins, & Weiss, 1997).
In partnerships, there is more than one owner. Usually, two people go in as partners, but it is possible to have a partnership with more than two people. In both partnerships and sole proprietorships, the liability for any lawsuits or other problems rests solely with...
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