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Bailment Agreement with Bailee to Maintain and Care for Property...

Palm Beach Florida Bailment Agreement with Bailee to Maintain and Care for Property, and Assume Liability for Damage or Loss

Name: Palm Beach Florida Bailment Agreement with Bailee to Maintain and Care for Property, and Assume Liability for Damage or Loss
Brand: US Legal Forms
Rating: 4.86 (285 reviews)

Category:

Contracts - Bailment

State:

Multi-State

County:

Palm Beach

Control #:

US-1340906BG

Format:

Instant download

Description

A Bailment is the temporary placement of control over, or possession of, personal property by one person, the Bailor, into the hands of another, the Bailee, for a designated purpose upon which the parties have agreed.

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FAQ

The duty of the bailee is to return the goods without demand on the accomplishment of the purpose or the expiration of the time period. In case of his failure to do so, he shall be liable for the loss, destruction, deterioration, damages or destruction of goods even without negligence.

In either case reasonable disclaimers of liability are allowed. If the bailed goods need repair while in the bailee's possession, the usual rule is that ordinary repairs are the bailee's responsibility, extraordinary ones the bailor's. Bailees are entitled to liens to enforce payment owing to them.

The bailee is liable for all injuries to the property from failure to properly care for or use it. Once the purpose of the bailment has been completed, the bailee usually must return the property to the bailor, or account for it, depending upon the terms of the contract.

Indemnify the bailee when he suffers due to the title of bailor to the goods being defective. According to Section 164, the bailor has to indemnify the bailee if even after knowing that he is not entitled to the good and makes bailment due to which, the bailee suffers losses.

It is well established now that Bailee will be liable for any loss or damage to the bailor which arises due to the negligence or lack of reasonable care of the goods bailed.

The bailee is not liable if the delay in delivering the goods or disposal of goods is due to default of others. Unexplained failure to return the thing bailed is presumed to be by the bailee's default;12And it would be presumed as his negligence.

The transfer of property in a bailment is only about possession, not ownership. The bailor is the owner of the transferred property. The bailee holds the transferred property. The property is held in trust for the benefit of the bailor.

The bailee's duties are based on a mixture of tort law and contract law and include two basic responsibilities: (1) to take appropriate care of the property, (2) to surrender the property to the bailor or dispose of it in accordance with the bailor's instructions at the end of the bailment.

A bailor may be held liable for negligence. If the bailor receives a benefit from the bailment, then he has a duty to inform the bailee of known defects and to make a reasonable inspection for other defects.

Liabilities of Bailor: 1.To disclose the faults: Section 150 of the Contract Act states that the bailor is bound to disclose the faults in the goods of which he is aware.2.To repay necessary expenses: Section 158 of Contract Act states that if bailor is liable to pay necessary expenses to the bailee.

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Consignment agreement, not the foreign law chosen in the parties' agreement.

Palm Beach Florida Bailment Agreement with Bailee to Maintain and Care for Property, and Assume Liability for Damage or Loss

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How to fill out Palm Beach Florida Bailment Agreement With Bailee To Maintain And Care For Property, And Assume Liability For Damage Or Loss?

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FAQ

What are the responsibilities and liabilities of Bailee?

Under what circumstances are disclaimers of liability by the bailee and bailor acceptable?

What are the liabilities of a bailee?

When the bailee has the right to be indemnified by the bailor?

Can Bailee be held liable when due care is taken?

In which circumstances Bailee could not be held liable?

Does a bailee hold property?

Which of the following are the two 2 basic duties of a bailee?

What are the liabilities of bailor and bailee?

What are the liabilities of the bailor?

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