#bailment

[thellawtoknow]

The Legal Concept of Pledge 101: The Big Picture

The Legal Concept of Pledge: An In-Depth Analysis The Legal Concept of Pledge: An In-Depth Analysis1. Definition and Nature of Pledge 2. Legal Framework and Requirements 1. Delivery of Possession 2. Intent to Create a Security Interest 3. Movable Property as the Subject Matter 4. Lawful Debt or Obligation 5. Return of Goods 6. Codification in Legal Systems Practical Considerations 3. Rights and Duties of the Parties 4. Applications in Modern Commerce 5. Comparative Perspectives 6. Challenges and Evolving Trends Conclusion In legal terminology, a pledge refers to a bailment of goods as security for the payment of a debt or the performance of an obligation. It is an essential instrument in financial and commercial transactions, deeply rooted in both civil law and common law traditions. This essay explores the fundamental principles of pledge, its legal requirements, the rights and duties of the parties involved, and its practical applications in modern legal systems.

1. Definition and Nature of Pledge A pledge is a specific type of contract wherein one party, the pledger (or pawnor), delivers possession of a movable asset to another party, the pledgee (or pawnee), as collateral for a debt or other obligation. Unlike a mortgage, which typically involves immovable property, a pledge exclusively concerns movable property. The defining characteristic of a pledge lies in the transfer of possession but not ownership. Ownership of the goods remains with the pledger, while the pledgee has a possessory lien, allowing them to retain the property until the debt is discharged. 2. Legal Framework and Requirements The legal framework governing the creation and enforcement of pledges is both foundational and intricate, designed to ensure clarity, fairness, and enforceability. Below, we expand on the essential elements required for a valid pledge, delving into their legal nuances and implications. 1. Delivery of Possession The hallmark of a pledge is the transfer of possession, either actual or constructive, from the pledger to the pledgee. - Actual Delivery: In this scenario, the physical possession of the goods is transferred to the pledgee. For instance, handing over a piece of jewelry to a pawnbroker constitutes actual delivery. - Constructive Delivery: This occurs when physical possession is not transferred, but the pledgee gains control over the goods. For example: - Transfer of documents of title, such as warehouse receipts or bills of lading, effectively grants the pledgee control over the goods represented by these documents. - Symbolic actions, such as handing over a key to a storage unit containing the pledged goods, may also constitute constructive delivery. The requirement for possession serves two critical purposes: - Public Notice: It alerts third parties to the security interest, reducing the risk of fraud. - Creditor Security: It provides the pledgee with immediate control over the collateral, ensuring it remains available for liquidation in case of default. 2. Intent to Create a Security Interest The creation of a pledge hinges on the mutual agreement that the possession is transferred as security for a debt or obligation, not for any other purpose, such as a sale or gift. This intent is generally evidenced by the terms of a contract, whether written or implied. - Express Agreement: Most pledges are documented in formal contracts that outline the nature of the security, the amount of debt, and the rights and obligations of both parties. - Implied Agreement: In certain cases, the nature of the transaction may imply the creation of a pledge even without a written agreement, provided the intent is clear from the circumstances. The intent differentiates a pledge from other forms of bailment, where goods may be delivered for safekeeping, repair, or other purposes unrelated to security. 3. Movable Property as the Subject Matter A pledge exclusively pertains to movable property, which can include: - Tangible Goods: Items such as vehicles, machinery, jewelry, and stock-in-trade. - Negotiable Instruments: Instruments like promissory notes, checks, or bills of exchange can be pledged by transferring possession or endorsing them in favor of the pledgee. - Securities: Shares, bonds, or debentures may also be pledged, often through dematerialized accounts or transfer of certificates. By contrast, immovable property, such as land or buildings, cannot be pledged. Instead, such property is typically mortgaged. The distinction ensures that the legal remedies and procedural frameworks for movable and immovable assets remain appropriately tailored. 4. Lawful Debt or Obligation A pledge must secure a legitimate and lawful debt or obligation. Any pledge created to secure an illegal or immoral obligation is void and unenforceable. For instance: - A pledge created to secure a gambling debt, where gambling is illegal, would not hold up in a court of law. - Similarly, if the goods themselves are contraband or obtained through illegal means, the pledge is invalid. This principle ensures that the law does not sanction agreements that are contrary to public policy or statutory prohibitions. The pledger must also have a valid title or authority over the goods being pledged, as pledging stolen or encumbered goods without proper disclosure is unlawful. 5. Return of Goods Once the secured debt or obligation is satisfied, the pledgee has a legal duty to return the pledged goods to the pledger in their original condition. - Timely Return: The pledgee must return the goods immediately upon repayment of the debt unless the contract stipulates otherwise. - Condition of Goods: The pledgee is required to take reasonable care of the goods while in possession. If the goods are damaged due to the pledgee’s negligence, they may be liable to compensate the pledger. This obligation underscores the temporary nature of a pledge, which is designed to serve as security rather than a transfer of ownership. 6. Codification in Legal Systems The principles governing pledges are enshrined in various legal codes worldwide, ensuring consistency and enforceability. - Indian Contract Act, 1872: The provisions relating to pledge are found in Sections 172 to 179. These sections define pledge, outline the rights and duties of the parties, and provide remedies in case of breach. - Uniform Commercial Code (UCC) - Article 9 (United States): In the U.S., pledges are categorized under secured transactions, governed by Article 9 of the UCC. This framework provides a comprehensive set of rules for the creation, perfection, priority, and enforcement of security interests, including pledges. - Civil Codes (e.g., France, Germany): In civil law systems, the concept of pledge is often integrated into broader laws governing security interests, with detailed provisions for its registration, enforcement, and protection of third-party rights. Practical Considerations In modern commerce, pledges often interact with technological advancements and financial innovations: - Digital Possession: The rise of digital assets, such as cryptocurrency and non-fungible tokens (NFTs), has led to new interpretations of possession and delivery in the context of pledges. - Global Transactions: Cross-border pledges often require compliance with multiple legal frameworks, necessitating careful drafting of agreements to avoid conflicts of law. The legal framework and requirements for a valid pledge form the backbone of its utility as a financial instrument. By ensuring clarity, mutual consent, and lawful intent, the law not only facilitates secured transactions but also protects the interests of both creditors and debtors. As commerce evolves, so too must the application and interpretation of these principles, ensuring their relevance in a globalized and digitized economy. 3. Rights and Duties of the Parties The legal relationship between the pledger and pledgee creates reciprocal rights and obligations: Rights of the Pledgee: - Retention: The pledgee has the right to retain possession of the pledged goods until the debt is paid. - Sale: If the pledger defaults, the pledgee may sell the pledged property after providing reasonable notice. Proceeds of the sale are applied to the debt, and any surplus is returned to the pledger. - Reimbursement: The pledgee may recover reasonable expenses incurred in preserving or maintaining the pledged goods. Duties of the Pledgee: - Care of Goods: The pledgee must exercise reasonable care in the custody of the pledged goods. - Return of Goods: Once the debt is repaid, the pledgee must return the goods in their original condition. Rights of the Pledger: - Redemption: The pledger retains the right to redeem the pledged property by paying the debt before the sale. - Excess Proceeds: If the goods are sold, the pledger is entitled to any surplus from the sale. Duties of the Pledger: - Payment of Debt: The pledger must fulfill their obligation as agreed in the contract. - Indemnity: The pledger must indemnify the pledgee for any expenses reasonably incurred in relation to the pledged property. 4. Applications in Modern Commerce The concept of pledge plays a pivotal role in modern commerce and finance, particularly in securing loans and credit arrangements. Common examples include: - Pawn Transactions: Individuals pledge personal items, such as jewelry or electronics, as collateral for short-term loans. - Warehouse Receipts: Goods stored in a warehouse can be pledged through the transfer of warehouse receipts as security for loans. - Securities as Collateral: Financial instruments like shares and bonds are often pledged to secure bank loans or margin trading accounts. In international trade, the pledge mechanism is frequently used to facilitate credit transactions, particularly where tangible goods or documents of title are involved. 5. Comparative Perspectives The treatment of pledge varies across legal systems. In common law jurisdictions, pledge is a well-established concept with detailed judicial precedents, while in civil law systems, similar principles are often encompassed under broader security or bailment laws. In some jurisdictions, the pledge is increasingly formalized through registration systems that allow creditors to register their security interest in the pledged goods, enhancing transparency and protecting third-party rights. 6. Challenges and Evolving Trends While the pledge remains a robust legal tool, it faces challenges in adapting to modern financial instruments and technology-driven markets. Issues such as the use of digital assets (e.g., cryptocurrency) as pledged property and the impact of insolvency laws on the rights of pledgees demand ongoing legal innovation. Furthermore, the integration of Artificial Intelligence and blockchain technology may revolutionize the monitoring and enforcement of pledge agreements. Conclusion The legal concept of pledge is a cornerstone of financial security, balancing the rights and obligations of creditors and debtors. By enabling the use of movable assets as collateral, it facilitates credit access while safeguarding the interests of both parties. As economic systems evolve, so too must the laws governing pledge, ensuring their relevance and effectiveness in a rapidly changing world. Read the full article

[vijayadworld]

CMA Laws and Ethics Bailment Question and Answers

[seemabhatnagar]

Hiring agreement can't be equated with bailment

Against the rejection of the discharge petition filed by one of the alleged accused bank official, Criminal Miscellaneous Petition 1078 of 2013 was filed before High Court of Jharkhand at Ranchi.

This is a case where Judicial Magistrate 1st Class has taken cognizance on 17.06.2009 pursuant to the protest-cum-complaint petition for offences u/s 380, 409 and 34 IPC filed by the locker owner at Punjab National Bank. The entire officials of the Bank have been implicated in the protest-cum-complaint case.

Submission of the petitioner

It was submitted by the complainant that he along with his wife are the joint lessee of Locker No. 177 leased out by Punjab National Bank, Main Road, Ranchi.

The complainant has operated his locker last time on 22.02.2002 and kept some gold articles inside the locker.

On 09.06.2003 the complainant along with his son and daughter-in-law went to operate the said locker after opening the same he found the gold articles kept in the small box inside the locker were missing and he immediately informed the same to the then Locker In-charge.

Locker-in-charge, Shri R.K. Sharan did not gave any satisfactory reply same was informed to the then Branch Manager Shri Sanjay Sahay.

An F.I.R. was lodged which was registered as Case No. 71/2003.

The Police filed the Final Form on 15.03.2006 with no clue under Section 379 of the Indian Penal Code.

Aggrieved by the submission of final form, complainant filed a complaint-cum-protest petition before Judicial Magistrate First Class Ranchi.

The complainant submits that if the criminal case is made out, then both criminal and civil cases can go simultaneously.

Submission of the Counsel of the Bank

The petitioners are the officers of the Punjab National Bank, Main Road Branch, Ranchi.

For the grievance of the petitioner Case No. 71 of 2003 was registered and the same was investigated by the police, however, the theft was said to be proved, but the police had not sent up the petitioners for trial.

However, on the protest petition, the court has taken the cognizance.

The complainant for the incident has already preferred a Title Suit No. 246 of2006, which is still pending before the court of Sub-Ordinate Judge at Ranchi.

He further submitted that the theft has occurred, but there is no material against the petitioners-Bank officials to put them accused hence the police has not sent them for trial.

He further submits that police has investigated the matter and has categorially stated that in the locker whatever ornaments / amount is taken out from the locker is only known to the locker owner and his relatives and it is not known to the Bank or its officers and so there is no entrustment and they have also tried to locate that who is the person involved in the case, but they have failed to get any clue and so due to absence of any clue the case was closed.

He further submitted that O.P. No. 2/complainant (Shyam Sundar Lal) has reported the bank that locker was not properly working so there might be some technical problem.

And for such technical problem, it can be case of civil nature and at best the case of deficiency in service.

The lockers were installed in the Banks by the different companies like Godrej etc.

All the petitioners are bank officials and they have been falsely implicated in the case.

Even the discharge petition of one of the accused was rejected, which has been challenged in present criminal miscellaneous petition 1078 of 2013.

If such nature of case is there and the case has proceeded further before the JM First Class, the High Court is competent to pass appropriate orders and in view of that the entire criminal proceedings may kindly be quashed.

Submission of the Counsel of the State – APP

The police had investigated the matter and submitted the final form, whereby, the petitioners have not been sent up for trial,

However, JM First Class has taken the cognizance on the protest petition filed by the O.P. No. 2/complainant/Shyan Sundar Lal.

Observation of the High Court

It is an admitted fact that the jewelry was missing from the locker of the Bank.

The police has investigated the matter however nothing was found against the bank officials/present petitioners as such bank officials were not sent for trial.

On the protest petition, JM First Class has taken cognizance against these petitioners/bank officials and subsequently the discharge petition, filed by one of the petitioner/bank official was rejected by the court.

It appears that the locker is the nature of agreement, in view of that the hiring agreement cannot be equated with the bailment. Bank is not aware of the contents kept inside the locker which is only known to the individual. Bailment is for specific period and for specific purpose.

Furthermore, the said operation of the locker was the agreement and the same can be terminated by a person in his favor.

In view of that hiring of a locker is a transaction to be distinct in nature from a transaction that would create the relationship of landlord and tenant.

Whatever property is deposited in the locker is undoubtedly in the custody and possession of the Bank, merely because the locker can be operated only in the presence of the locker hirer, could not amount to joint possession of the locker.

The Banker can always open the locker with a master key, the hirer of the locker is not in a position to open the locker without the assistance of the Bank.

The hirer can only access the locker only specified banking hour.

The Banker has no such limitation. If such a situation is there, the transaction of bailment could only be established if the provisions of Section 148 of the Indian Contract Act are complied.

In view of the above, it appears that the tile suit has already been preferred by the O.P. No. 2, complainant locker owner, which is still pending, and if civil case – title suit is there, then criminal case is not made out.

There is no doubt if the criminal case is made out, then criminal and civil both cases can go on simultaneously, however, the criminal case is not made out, hence allowing protest cum complaint petition would amount to an abuse of the process of law.

So far discharge petition is concerned, the court can consider if prima-facie there is nothing which affixes culpability or constitutes commission of offence including mens-rea on the part of the petitioner, the Court can exercise its power.

So far as criminal case is concerned, against the petitioners, who happens to be the bank officials of Punjab National Bank, Main Road Branch, Ranchi, is not made out.

It is further well settled that even if the proceeding has gone further before the trial court and if the court comes to the conclusion that the case of interference is made out, then that power can be exercised at any stage.

Order

The entire criminal proceedings including the order taking cognizance dated 17.06.2009, by which, cognizance for the offences under Sections 380, 409 and 34 of the Indian Penal Code has been taken against the petitioners, in connection with Complaint Case No. 1159 of 2006, pending in the court of Judicial Magistrate, 1st Class, Ranchi, are hereby, quashed so far the petitioners in Cr.M.P. Nos. 1519 of 2009 and 627 of 2013 are concerned.

So far as the petitioner in Cr.M.P. No. 1078 of 2013 is concerned, the entire criminal proceedings including the order dated 24.01.2013, whereby, a petition filed under Sectio 245 Cr.PC. for discharge was rejected, in connection with Complaint Case No. 1159 of 2006, pending in the court of learned Judicial Magistrate, 1 st Class, Ranchi, are hereby, quashed.

Seema Bhatnagar

[prasanththampi]

IIBM MBA EXAM ANSWER SHEETS | ISBM MBA EXAM ANSWER SHEETS | IIBMS MBA EX...

[absolute-immunities]

The law should be treated as every other science; its theories should be scanned, and its defects pointed out; the excellent principles with which it abounds should be confronted with the decisions in which they have been either forgotten or misapplied, and this course should be pursued until the whole system at last shall be founded on the basis of universal justice. For justice, not in form merely, but in substance is a debt which is due by every government to its citizens.

Sir William Jones, in England, endeavoured to point out this noble path to his countrymen, and with that view published his excellent treatise on the law of bailments. But the age was not prepared for his doctrines, the lights that he shed on our science were too strong for the eyes of his contemporaries; he was sent to India in honourable exile, there to waste his gigantic powers in curious, indeed, but fruitless disquisitions on oriental languages and antiquities.

so sad Sir William Jones gave up his work on bailments for all that pointless “Indo-European languages” shit

[littlescaryinternetguy]

The Naughty Weed Whacker

cw: implied humorous violence, mention of drugs, discussion of steppies. adult language, situations. reader discretion is advised. no bailment created. please see physician if symptoms persist.

“Hey. Hey, come here.” “What is it? I’m whittling.” “No, come here, trust me.” “I don’t, but I’m coming over there anyway,” grumbled the second fairy, whose name translated to ‘Jack’ in the tongues of humanity. The first fairy, whose name translated to ‘Larry’, stared out of the window intently. “What is it,” said Jack. Not saying anything, Larry backed away from the window, looking at Jack expectantly. Jack shot him a look and then looked out the window. “Son of a bitch,” said Jack. “What did I tell you?” “Son of a bitch,” said Jack. Outside, a man was attacking a full grown oak with a weed whacker. He looked determined. His jaw was set. His eyes were steely. He was getting nowhere. “Should we do something about this?” asked Jack. “Do you have a Tik Tok account?” “… no?” “Shit, I bet this could go viral,” lamented Larry. “I don’t have a phone, man. I’m a fairy. We’re fairies.” “Whatever. Well shit. Is he still doing it?” Jack peered out the window. The weed whacker was sputtering as the battery died. Undaunted, the man started beating the tree with the weed whacker, which promptly broke. Then he started punching the tree. “He’s doing something,” said Jack. “I suppose,” Larry said, stretching and cracking his neck, “we oughta see what’s going on.” “Lemme pee first,” said Jack. Outside, the man was staring at his knuckles, which already looked swollen. He looked around. “Fuck, come on,” he muttered. He really didn’t want to punch the tree again. He looked around for a rock. Finding one, he threw it at the tree. He was looking for another one when a sparkling fell upon him, and he fell to drowsing. Upon awakening, he blinked several times. Yes, he was lying on the ground, with the trees reaching far into the sky. But there was something odd about them. They reached too far up. He looked to each side. The clearing was immense.

“Oh man,” he said.

He heard a low whirring, as if a dragonfly were hovering in his ear, but a dragonfly the size of a city bus. He drew himself up and covered his head with his arms as a wind nearly sent him sprawling. When he opened his eyes, he was looking at shoes. Very large shoes. Above them, very large pants. Above that, very large shirts. His brain got bored and jumped ahead.

“Fucking giants,” he whispered.

Larry looked down at the ensorcelled human at his feet and smirked.

“’Ello ‘ello ‘ello, wot’s all this then?” he said in what might have been the third worst London bobby impersonation ever performed. Jack glanced to the side with a sour look.

The human gibbered, awestruck.

“That’s right, Cheez Whiz: I have made you the size I was to you but this time to me!” “That makes no sense, man,” said Jack. “You are now the size that I was when I was your size,” Jack said, but with less brio. “No,” said Jack. “I am the size of your size when you were the size of me.” “You make me want to shoot heroin, Larry. You really do. I don’t do heroin but you make me want to.” “I SHRANK YOUR NARROW ASS!” shouted Larry, and the little human jumped. “We are guardians of the glade, human! And you trespassed against the sacred… unto the sacred… guy.” Jack cleared his throat. “He means, why were you attacking the oak. That’s a good oak. That’s like a top ten oak. Why you gotta fuck with a top ten oak. You threw rocks at a real good oak. Why.”

The human made little teeny human sounds. Jack rolled his eyes and flicked sparkling dust on him.

“… oh please oh please don’t!” said the human. “We probably won’t,” said Jack. “Even though you are clearly an infantile,” said Larry. “What?” asked Jack. “An infantile. A filthy infantile.” “That’s a reach,” said Jack. The tiny human spoke up from the tips of their shoes. “An infidel?” “One of them, yeah.” “That makes more sense.” “I’m not an infidel!” “I said it made more sense, not that it made much sense,” sighed Jack. “What brings you to this our sacred grove?” asked Larry, hands on his hips. “Please don’t step on me!” said the human. “We’re not going to, IF you swear never to come back!” intoned Larry, in a somewhat portentous way. “Please don’t! Step on me, I mean,” said the human. “What’s your name, guy,” asked Jack, reaching in his pocket for some gum. “If you step on me that would be horrible.” “Swear never to come back!” yelled Larry. “Nobody is going to step on you, you goof-ass little ferret,” said Jack. “Good, because that would be the worst.” The little human was kind of grimacing, his lips pursing and twitching. Larry raised his foot and put it over the shrunken man. “You have like five seconds to swear you won’t come back!” “Wait a second, Larry.” Jack put his hand against his partner’s chest and pushed him gently. The human had his eyes screwed shut and was muttering “oh please oh please oh yeah get me some please”. He had his right hand in his pocket. There was a pause, during which time Larry slowly lowered his foot, not on top of the human, but in front of him. Both he and Jack stared. After a pause, the shrunken human opened his eyes. He looked up at Larry.

“… please don’t step on me?” he said, hopefully. “Gross,” said Larry. “Fucking fetish mining,” said Jack. “Gross!” “Don’t you know anything about consent?” roared Jack. “Ew! Ew! Ewwwww!” Larry was hopping up and down in circles. The little human saw his chance and tried to dart under his feet. “Oh no you don’t!” Jack yanked on an invisible rope and the little human was pulled out from under the nauseated fairy. “That is it! You people need to take long hard looks at yourselves. ‘Ohhhhh, I’m such a powerless little thing, now do what I say and step on me! You’re such a goddess giantess…’” The human spoke up. “You’re a guy so technically you…” “No. Shut it. You listen to me. Not the other way around. ‘You’re such a goddess giantess but I’m gonna tell you what to do.’ Christ, do you people listen to yourselves? Plus you never ever pay for it. God forbid you actually pay a sex worker.” “I ain’t paying no sluts!” piped the human. “Sex work is work. It’s right there in the name,” said Larry. “You won’t pay em, but you’ll sure as shit steal their labor. Dude, you are such gulag bait. When the revolution comes, you won’t be worth a bullet.” “Absolutely zero class consciousness in this guy!” Larry crowed. “Well what are you gonna do? I get off on being threatened and crushed by giants! And I’m smaller than you are, so even though you’re tiny, you’re giants to me!” The human crossed his arms, a smug expression on his face. “Check and mate.”

Jack stared at him. He looked at Jack, who shrugged. He looked back at the human, who had started fondling himself again, triumphantly.

“Get the geese,” Jack said. “Yeah?” “Yeah. Get the geese.” “What geese,” said the human. “The fuck do you mean, ��what geese’? What do you know about geese? How many geese do you know? ‘What geese.’” “You don’t even know their names,” said Larry. “Geese ain’t got names!” “Your name is ‘gooseshit’ in about fifteen minutes,” said Jack. He turned to Larry. “Get the geese.” “You want I should get the geese?” “Get the geese.” “Hold on a second,” said the human, both hands raised. “Yo! Yo geese!” Larry yelled into the air. From far away, there was a honking. “You got about one minute to make like a tree and get the fuck out of here,” said Jack to the human. The honking grew louder. The geese were coming. “But… I’m just a little guy!” “I’d suggest…” Jack flicked his fingers and the human was human-sized again, albeit pantsless. “… that you start praying.” The honking grew louder still. The human looked down at the fairies. He looked at the sky. The honking was deafening. He looked back at the fairies. Then with a strangled sob he turned tail and made like a tree. “AND TAKE YR TALLYWHACKER WITH YOU!” Jack gestured at the weed whacker, which shot off after the human. There was a moment of silence before a whooping, yodeling cry came from far away.

The goose landed behind Larry and Jack. She was wearing sunglasses.

“Sup,” she said. “Sup,” replied the two fairies. “Y’all call for me?” “Ahhh, thought you was gonna have to break bad on some guy,” said Jack. “Oh man, I always show up late for these things.” “Guy wasn’t worth it. Fetish miner.” “Ew!” “I know right?” “Well, I gotta get back to my novel. We still on for bowling tomorrow night?” “Hell yeah,” both the fairies said. A mile away, the human lay by the side of a road, half-conscious, with a weed eater shoved firmly in his ass. A car drove by. It stopped, then backed up. The passenger rolled the window down and took a bunch of pictures. Someone on the internet will pay a lot for these pics, the passenger thought. This has gotta be someone’s fetish.

[lowkeynando]

expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed. [2] Coat checks, safety deposit boxes, and luggage storage are common examples of bailments for the hospitality industry.

The Laws of Innkeepers by John E.H. Sherry [3] provides an in-depth analysis of the laws affecting places of public accommodation. In Ovid's moralizing fables collected as

Metamorphoses is his telling of the story of Baucis and Philemon (Greek: Di^nuwv kal

Baukis, romanized: Philemön kai Baukis), which stands on the periphery of Greek mythology and Roman mythology. Baucis and Philemon were an old married couple in the region of Iyana, which Ovid places in Phrygia, and the only ones in their town to welcome disguised gods Zeus and Hermes (in Roman mythology, Jupiter and Mercury respectively), thus embodying the pious exercise of hospitality, the ritualized guest-friendship termed xenia, or theoxenia when a god was involved. Xenia (Greek: Sevia) is an ancient Greek concept of hospitality. It is almost always translated as 'guest-friendship' or

'ritualized friendship'. It is an institutionalized relationship rooted in generosity, gift exchange, and reciprocity. [1] Historically, hospitality towards foreigners and guests (Hellenes not of your polis) was understood as a morals CLONES

[supriyapuram]

CMA Laws and Ethics Bailment Question and Answers

[marisatuito]

Article 1316. Real contracts, such as deposit, pledge and commodatum, are not perfected until the delivery of the object of the obligation.

Perfection of real contracts. The article refers to real contracts which require delivery of the object for their validity, in addition to the presence of the other essential elements of a contract: consent subject matter and cause of consideration.

Real contract are perfected from the moment of the delivery of the object of the obligation.

Meaning of deposit:  A deposit is constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and returning the same.  If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no deposit but some other contract.

Meaning of Pledge:  A pledge is a contract by virtue of which one person delivers to another a movable, or instrument evidencing incorporeal rights, for the purpose of securing a principal obligation, with the understanding that when the obligation is fulfilled the thing or the instrument shall be returned by the creditor to the debtor with its fruits and accessions.

Meaning commodatum:  Commodatum is a species of bailment, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him   to be used by him without reward.  It is actually a loan for use.

Case Digest: Perez vs Pomar 2 Phil. 682

FACTS

Perez filed in the Court of First Instance of Laguna a complaint asking the Court to determine the amount due him for services rendered as an interpreter for Pomar and for judgement to be rendered in his favor.

Pomar, on his part, denied having sought the services of Perez, contending that, Perez being his friend, he only accepted the services for they were rendered in a spontaneous, voluntary and officious manner.

ISSUE

Whether or not consent has been given by the other party.

HELD

Yes. It does not appear that any written contract was entered into between the parties for the employment of the plaintiff as interpreter, or that any other innominate contract was entered into, but whether the plaintiff’s services were solicited or whether they were offered to the defendant for his assistance, inasmuch as these services were accepted and made use of by the latter, there was a tacit and mutual consent as to the rendition of services. This gives rise to the delegation upon the person benefited by the services to make compensation thereof, since the bilateral obligation to render services as interpreter, on the one hand, and on the other to pay for the services rendered is thereby incurred.

As was held in the Supreme Court of Spain in its decision of February 12, 1889, it stated that “not only is there an express and tacit consent which produces real contract but there is also a presumptive consent which is the basis of quasi-contracts this giving rise to the multiple judicial relations which result in obligations for the delivery of a thing or the rendition of a service

[kaleeyantey]

Expert Civil Lawyers in Navi Mumbai - Kaleeyantey

If you're in need of expert civil lawyers in Navi Mumbai, look no further. Our team of skilled solicitors is committed to offering complete legal services that are customised to meet your specific requirements. Our attorneys are qualified to provide the best possible representation and guidance for any civil action, whether it involves property conflicts, contract disputes, or other concerns. You may rely on us to handle the complexities of civil law and provide significant outcomes.

Meaning of Civil Law

The word "Roman law," also known as Romano-Germanic law, comes from the ancient Roman phrase "jus civile," which meant "citizens' law" and was used to refer to the laws that were formally passed in Rome.

Individuals' private or civil rights are addressed by a system of laws or regulations known as civil law, not the interests of the general public. It is usually structured and focuses largely on the interpersonal relationships between two or more citizens.

Concepts from the Corpus Juris Civilis then spread throughout Europe. Though its influence has waned, it nonetheless serves as the foundation for modern civil law systems worldwide.

Features of Civil Law

The following are the main characteristics of civil law:

Concerning citizens’ private rights

Civil Law is solely concerned with citizens’ rights. It applies to any legal relationship or obligation dispute between two or more individuals or legal entities. It is enjoyed by people who live in a state that uses legal procedures to enforce obedience. Civil law aims to accomplish two goals:

Keep citizens’ rights from being violated, and

In the event of an infringement, restore citizens’ rights.

Codification

Civil laws in India are almost usually codified legislation. Codified civil law is a body of laws consisting of numerous articles that are sufficiently flexible to be used in certain situations.

The benefits of civil law codification are as follows:

It increases the certainty of law in a legal system,

It is clear and specified, as opposed to hazy customary laws, which increases citizens’ trust in the judiciary,

It facilitates law study by allowing specific provisions to be easily and systematically remembered and applied; and

It is easily adaptable to the changing needs of the state

Civil liability

Civil liability is the legal obligation for a person to compensate another person or their property. In civil disputes, it is mandatory for a person to make reparations when they damage another citizen.

Under civil law, there is a one-to-one duty of compensation. In contrast, under criminal law, a criminal who commits a crime that affects society may be subject to a fee or penalty.

Subjective application

The extent to which civil laws are applied may vary subjectively depending on the territory, citizens, etc.

Civil law branches in India

A wide range of legal issues pertaining to the rights and obligations of citizens are covered by the enormous body of civil law. Several prominent branches of civil law exist, some of which are listed here:

Contract Law

Contract law is a branch of civil law that governs, enforces, and interprets agreements involving the exchange of goods, services, property, or money. It confers rights and obligations on the contracting parties as well as remedies on the damaged party. Furthermore, the contract law describes how to pursue legal remedies.

Section 2(h) of the Indian Contracts Act, 1872, defines a contract as "an agreement enforceable by law" and governs contract law in India. The Indian Contract Act of 1872 created numerous contract kinds, such as agency, indemnity, and bailment. It also indicates if a contract is valid, voidable, or voidable.

Property law

Property law is the branch of civil law that deals with citizens' property, controlling their rights to use or transfer it as well as their restrictions when utilising other people's property.

Personal property comprises items such as vehicles, furniture, stocks, and other transportable and tangible (or intangible) objects, whereas real property refers to immovables such as land, buildings, and other immovables.

The Transfer of Property Act of 1882, the Indian Contract Act of 1872, the Indian Easement Act of 1882, and other acts control property law in India.

Family law

The interactions and ties among members of a particular family are governed by family law. It lays down the responsibilities and rights of family members in relation to things like maintenance, adoption, marriage, and divorce.

Family law in India is governed by a number of statutes, including the Hindu Marriage Act of 1955, the Indian Christian Marriage Act of 1872, the Dissolution of Muslim Marriages Act of 1939, the Muslim Women (Protection of Rights on Divorce) Act of 2019, and others.

Tort law

A tort is a civil wrong committed by someone or something against another that causes physical harm or property damage. Civil tort law is usually uncodified and permits the victim to sue the offending party for damages. Defamation, negligence, and trespassing are a few examples of torts.

Cases handled under Civil Law

In general, there are four types of civil law cases:

Tort claims

A tort is a civil wrong committed by one person or entity against another that causes him bodily harm or property damage. Tort claims are classified as follows:

Negligence: Negligently causing harm or damage;

Intentional: Intentionally causing harm or damage.

Strict liability: Causing injury or damage due to failure to keep something the wrongdoer possesses safe (or preventing it from escaping).

Tort claims include the following:

Professional negligence,

Trespass,

Animal attacks (e.g. dog bites),

Defamation, etc.

Contractual claims

Contractual claims arise when one or more parties fail to fulfil their contractual obligations. Examples of contractual breaches include:

Disputes over the sale of property,

Sale of a defective product,

Non-payment of money,

Violation of contractual conditions, etc.

Equitable claims

Injunction suits are another name for equitable claims. The goal of these cases is to prevent someone (a person or a company) from doing anything, not to get rewarded. If there are equitable claims, the court has the authority to direct the wrongdoer to:

Stop the action,

Change the course of action, etc.

Class action claims

A class action claim is, as its name suggests, a lawsuit brought by a number of harmed parties. Usually, companies are the target of these kinds of lawsuits. A class action lawsuit could be filed, for instance, if:

A company sells hazardous products

Someone defrauds a group of people.

How do I know if I need a civil lawyer?

Get legal advice from civil litigation lawyers prior to filing a lawsuit. They are aware of which cases have the best probability of success and are educated about the procedures and supporting documentation. You can get counsel from a litigation advocate regarding whether, in some cases, alternative dispute resolution is a preferable option.

If you've been fighting a losing battle to settle a dispute, a civil lawyer could be able to help. A civil lawyer works to help you get justice while putting pressure on the other side to admit guilt.

Why hire a civil lawyer?

Not all civil law firms or solicitors concentrate only on redressing wrongs throughout the nation. They also work to atone for wrongs done to specific people. A civil attorney typically represents parties in cases relating:

Divorce

Trusts

Wills

Contracts

Mortgages

Titles

Wills

Personal injury

Workers Compensation

They also handle corporate, personal injury, and civil rights cases. In several other instances, solicitors are on hand to provide guidance to those handling intricate processes.

How can a lawyer help?

Civil lawyers are necessary in civil cases. Their primary responsibility is to gather the evidence needed to present your side of the story to the other side and, if needed, the judge. Because of their experience dealing with these issues, they find evidence that you might not even look at.

In addition to proving what occurred, they also want to know why it occurred in order to prevent it from happening in the future.

While gathering evidence, a civil lawyer hears your side of the story and considers how you would like to come across to the opposition. In this regard, district or criminal advocates are less interested with serving your interests and more focused on punishing misconduct than are civil lawyers.

Finally, a civil lawsuit seeks justice for you rather than punishment for the other party.

Services our professional team of civil lawyers provide

Appearance before various competent authorities in all commercial and civil proceedings,

Drafting and submitting multiple documentation, such as deeds, plaints, and applications

Property-related documentation, such as sale deeds and memorandums of understanding.

Filing trademark and copyright applications, as well as handling trademark litigation in various courts

Negotiate settlements in legal cases, property disputes, and so on.

Family Law, Constitutional Law, Service Law, Company Law, Insolvency, Banking and Finance Law, Wills and Probate, etc

Keep our clients updated on any changes or updates to the law.

[civilcodearticles]

An innominate contract is a contract that does not fit into any specific category of contract, but rather is determined by the nature of the obligations created by the contract. A contract is an agreement between two or more parties that creates enforceable obligations.

ev·i·dent/maliwanag,malinaw

adjective

plain or obvious; clearly seen or understood.

"she ate the cookies with evident enjoyment." Similar: obvious, apparent, noticeable

inequitable/hindi patas,hindi makatarungan

adjective

unfair; unjust.

"the present taxes are inequitable"

Similar: unfair, unjust, discriminatory

deliberate/sinasadya,kusa,sadya

adjective

done consciously and intentionally.

"a deliberate attempt to provoke conflict"

Similar: intentional, calculated, conscious, done on purpose, intended, planned, studied, knowing, willful, voluntary, volitional, prepense

Opposite: accidental, unintentional

verb

engage in long and careful consideration.

"she deliberated over the menu"

Conferred/sumangguni,magkonsulta

to discuss something important in order to make a decision. The lawyer and judge conferred about the ruling.

induce

act or process of enticing or persuading another person to take a certain course of action

Bound

placed under legal or moral restraint or obligation : obliged. duty-bound.

Pledge

noun

1. a solemn promise or undertaking.

2. LAW

a thing that is given as security for the fulfillment of a contract or the payment of a debt and is liable to forfeiture in the event of failure.

"he had given the object as a pledge to a creditor"

Similar: surety, bond, security

commodatum

Latin, loan, from neuter of commodatus, past participle of commodare to lend, bestow] : a gratuitous loan of movable property to be used and returned by the borrower. : loan for use at loan compare deposit gratuitous bailment at bailment loan for consumption at loan.

rat·i·fy

verb

past tense: ratified; past participle: ratified

sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.

"both countries were due to ratify the treaty by the end of the year"

Similar: confirm, approve, sanction

What is the difference between an implied and expressed contract? An express contract is one that is defined by terms and conditions either in writing or verbally. An implied contract is one that is not defined by words or in writing but is a tacit agreement indicated by the actions of both parties.

manifest

to show something clearly, through signs or actions: manifest something in something The workers chose to manifest their dissatisfaction in a series of strikes.

Constitute,V

to set up (an assembly, proceedings, etc.) in a legal or official form. 3. to give a certain office or function to; appoint. our officially constituted spokesperson.

Although presume and assume both mean "to take something as true," "presume" implies more confidence or evidence backed reasoning. An "assumption" suggests there is little evidence supporting your guess. Think carefully before using them interchangeably or you may lose some meaning.

Civil interdiction

deprives individuals of parental rights, guardianship, marital authority, and the right to manage and dispose of property. It is an accessory penalty for those sentenced to death commuted to life imprisonment, reclusion perpetua, or reclusion temporal.

convey is to make a transfer of a property interest to another individual by either sale or gift. This transaction is known as a conveyance. The standard way to convey a property interest is through a deed.

Unemancipated minor" means any person less than eighteen (18) years of age who is not or has not been married or who is under the care, custody and control of the person's parent or parents, guardian or juvenile court of competent jurisdiction.

Insane Or Demented Persons. – When a person is insane or demented, his is detached from reality. He does not know what he is doing. He cannot act with legal effects. Consequently, he cannot enter into valid contracts.

Lucid interval Refers to a brief period during which an insane person regains sanity that is sufficient to regain the legal capacity to contract, make a will and on his/her own behalf.

Within legal civil procedure, prejudice is a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future.

A vitiated consent only gives rise to a voidable agreement. Under the Civil Code, the vices of consent are mistake, violence, intimidation, undue influence or fraud. If consent is given through any of the aforementioned vices of consent, the contract is voidable.

vi·ti·ate, v

spoil or impair the quality or efficiency of.

"development programs have been vitiated by the rise in population"

contingency,N

a future event or circumstance which is possible but cannot be predicted with certainty.

Similar: eventuality, (chance) event

Wrest

verb (transitive) 1. to take or force away by violent pulling or twisting. 2. to seize forcibly by violent or unlawful means.

Borne,verb. is, just like born, the past participle of the verb bear, which can mean (among other things) "to contain" or "to give birth to." At first, borne and born were variant spellings of the same adjective.

insidious, adj. is unpleasant or dangerous and develops gradually without being noticed.

Machination

Definition & Legal MeaningContriving a plot or conspiracy. The act of planning or contriving a scheme for executing some purpose, particularly an evil purpose; an artful design formed with deliberation.

A simulated contract is a type of contract that appears to be valid and enforceable, but in reality, it is not. It is a contract that is created to deceive or mislead others, and it has no legal effect. For example, if two parties create a contract that is meant to deceive a third party, it is a simulated contract.

Fictitious means something that is not real or true. It is often used in legal situations to describe something that is made up or imaginary, but is treated as if it were real. For example, a fictitious name might be used by someone who wants to keep their real name private.

[testbank-zone]

Test Bank For Smith & Roberson's Business Law 18th Edition By Richard A. Mann

Test Bank For Smith & Roberson's Business Law 18th Edition By Richard A. Mann

Table of Contents PART I: THE LEGAL ENVIRONMENT OF BUSINESS. 1. Introduction to Law. 2. Business Ethics and the Social Responsibility of Business. 3. Civil Dispute Resolution. 4. Constitutional Law. 5. Administrative Law. 6. Criminal Law. 7. Intentional Torts. 8. Negligence and Strict Liability. PART II: CONTRACTS. 9. Introduction to Contracts. 10. Mutual Assent. 11. Conduct Invalidating Assent. 12. Consideration. 13. Illegal Bargains. 14. Contractual Capacity. 15. Contracts in Writing. 16. Third Parties to Contracts. 17. Performance, Breach, and Discharge. 18. Contract Remedies. PART III: AGENCY. 19. Relationship of Principal and Agent. 20. Relationship with Third Parties. PART IV: SALES. 21. Introduction to Sales and Leases. 22. Performance. 23. Transfer of Title and Risk of Loss. 24. Products Liability: Warranties and Strict Liability in Tort. 25. Sales Remedies. PART V: NEGOTIABLE INSTRUMENTS. 26. Form and Content. 27. Transfer and Holder in Due Course. 28. Liability of Parties. 29. Bank Deposits, Collections, and Funds Transfers. PART VI: UNINCORPORATED BUSINESS ASSOCIATIONS. 30. Formation and Internal Relations of General Partnerships. 31. Operation and Dissolution of General Partnerships. 32. Limited Partnerships and Limited Liability Companies. PART VII: CORPORATIONS. 33. Nature, Formation, and Powers. 34. Financial Structure. 35. Management Structure. 36. Fundamental Changes. PART VIII: DEBTOR AND CREDITOR RELATIONS. 37. Secured Transactions and Suretyship. 38. Bankruptcy. PART IX: REGULATION OF BUSINESS. 39. Protection of Intellectual Property. 40. Antitrust. 41. Consumer Protection. 42. Employment Law. 43. Securities Regulation. 44. Accountants' Legal Liability. 45. Environmental Law. 46. International Business Law. PART X: PROPERTY. 47. Introduction to Property, Property Insurance, Bailments, and Documents of Title. 48. Interests in Real Property. 49. Transfer and Control of Real Property. 50. Trusts and Decedents' Estates.   Read the full article

[sshivangeee]

‘Rights of the convicted - The often ignored dimension of justice'

“Right is right even if everyone’s against it, and wrong is wrong even if everyone is for it” indeed very wise words by William Penn.

Each time we talk about justice the very first thing that comes to our mind is the poor victim being manipulated and crying for their voices to be heard and many other ideas that are all centred to our image of a victim but one aspect that we often ignore is the state of the convicted.

Even right now as i say this many won’t even acknowledge why we should talk about the criminals or why should the guilty's well being even concern us?

Now that’s a very wrong way to look at it. In Black stone’s famous words, it is better that ten guilty persons escape than that one innocent suffer. And this is also the essence of criminal trial in many countries, including ours. Talking about which, you must be wondering exactly what could be the rights ensured to the convicted?

So the most basic of it are, Right to legal aid, Right to free,fair and speedy trial, Right to privacy and protection against unlawful searches, right to appeal, right to humane treatment in prision, right to be present at the trial, right to cross examination, and many more.

Even after being entitled to these many rights the reason why we still need to keep Justice for the convicted in light is because it’s the minimum of these rights that are in reality ensured to them cuz once declared guilty these people become centre of public hate.

For instance take the very first filled PIL of India, It was formed from the concern for the well being of the prisoners in Bihar jail. Now whether or not there conviction found legitimate is not the real concern!

What concerns us is the inhumane condition under which they were living. If they were sentenced to life imprisonment for say, they weren’t sentenced to be confined in dark rooms for years with no basic living requirements. Like aren’t our justice systems some what centred to the themes of amnesty and amelioration.

To get my point clear I’d take the same topic through a few examples to clarify that Why as democrats, or wise social citizens of our nation is it important to keep advocating for the rights of the convicted.

So firstly talking about the juvenile delinquency. There have been so many instances where people have demanded juveniles to be treated as adults and in some cases they have also been treated as the same in countries with judges judicial discretion. Yet, why don’t we realise if a child at such young ages is commuting such heinous crime it’s because of the lack of proper education, basic alms and facilities. Their own government and fellow citizens failed and disgraced them which is what lead them onto the path of crime.

Where the constitution of most countries stands against arbitrary and illegal arrest, it has been no secret that how recklessly the police has been using their power being under the influence of racist mindset or even various political bias for that matter. So, secondly what I talk about here is police brutality. Right to know the grounds of arrest, Right to bailment, Right against Illegal confinement and the list can go on and on are some of the many rights that are guaranteed to the citizens to protect them against the harm, while the police force exercises their power but the question here is that the people might be entitled to these rights but are these rights really ensured to them, do the officials allow them to exercise these rights??

How can a government ensure justice to its people when new cases of innocents being arrested on grounds of sedition and terrorism charges are seen every single day. The irony being that most of them are as young as 25.

Next that I talk about is Capital punishment being a violation against right to live. Now this is a very debatable issue but I personally stand against it because are justice system should be focused on rehabilitation instead of revenge. As well as, world’s most prosperous countries like Norway have formally abolished capital punishment giving us a clear proof that such a harsh penalty isn’t really required as an essential to justice.

Over here the topic of greater concern is about the dilemmatic living conditions of the people on death row. Who’re neither executed and are nor being pardoned of their sins. So won’t this be considered Double Jeopardy. These criminals themselves become the victim of the judicial system.

It’s not as if that these issues are never addressed. UNHRC and many philanthropists organisations keep on talking about them, yet the situation seems no better.

On conclusion I’d like to say that we as vigilant global citizens need to advocated for the rights of the guilty, each and every single time we talk about Justice.

Lastly I quote what Martin Luther King Jr. once said, Darkness cannot drive out darkness only light can do that. Hate can not drive out hate only love can do that.

[ambitiousbaba]

CAIIB BRBL Module D Unit 4 : Contract Of Bailment

CAIIB Paper 4 BRBL Module D Unit 4 : Contract Of Bailment (New Syllabus) IIBF has released the New Syllabus Exam Pattern for CAIIB Exam 2023. Following the format of the current exam, CAIIB 2023 will have now four papers. The CAIIB Paper 4 (BANKING REGULATIONS AND BUSINESS LAWS) includes an important topic called “Contract Of Bailment”. Every candidate who are appearing for the CAIIB…

[sutrala]

When it comes to transferring command as chairman of the Joint Chiefs of Staff (CJCS), the military is a bailment. It is something with which the CJCS is entrusted for a four-year term in office, either to maintain as is or to improve upon before transferring it on to a...