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A Concise Abridgment of the Law of Personal Property; Showing Analytically Its Branches and the Title by Which Is Held

A Concise Abridgment of the Law of Personal Property; Showing Analytically Its Branches and the Title by Which Is Held


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. QUALIFIED PROPERTY. Qualified property exists in chattels when? 1. The subject-matter is incapable of absolute owner-i. That in- ship, as in those cases mentioned on p. 8. It subsists absolute also in the elements?e.g., light, air, and water?which ownership. being of a vague and fugitive nature only belong to a person as long as, and to the extent in that, he uses them. 2. The right of property is apart from the right of 2. Owner- possession, the possessor having a kind of special or quali- possession fied property, arising from temporary possession, owing aPart- to the peculiar circumstances of the owner. Thu-, if A Bailment, delivers chattels to B, there being a trust for their re- delivery on the performance of some condition, the chattels are said to be bailed, A being the bailor and having still the property, and B being the bailee having the possession. Bailments are either for the benefit of the (i) bailor, as a deposit; (ii) the bailee, as a loan; (iii) both parties, as when property is entrusted to pawnbrokers, carriers, or innkeepers. Bailees in (i) are liable only for gross negligence, in (ii) must take the greatest, and in (iii) ordinary, care. In (i), however, if a person's situation is such as to imply skill, he is always bound to use that skill. As where A rides B's horse to oblige B, if A is an experienced horseman he must exercise his horsemanship, and an injury to the horse would be imputed as grossnegligence in him under cii-cumstances where it would not be in a person who was unable to ride. The bailment may be of a kind to give the exclusive right of possession to the bailee?if so, he alone (otherwise either party) may sue a third person for the possession of the subject-matter. Pawning and hiring are instances of this. I...



Product Details
  • ISBN-13: 9780217425025
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 56
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 021742502X
  • Publisher Date: 08 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 118 gr


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A Concise Abridgment of the Law of Personal Property; Showing Analytically Its Branches and the Title by Which Is Held
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