Friday, December 07, 2007

Mrs. Fausto Wants to Know

if Chalice Chick can please explain the difference between a bailment and a license.


At December 8, 2007 at 1:03:00 AM EST, Blogger Chalicechick said...

My property class has focussed on real property and I haven't had bailments in class, but I'm going to give it a shot. No making me feel like a jerk if I'm wrong.

My understanding is that a bailment is when someone posseses something for for some reason but isn't allowed to use it. (E.g. If I am supposed to let Mindy the rental counter attendant keep my drivers license while I'm wearing a rental pair of ice skates, Mindy is not allowed to sneak out and use it to buy beer.)

License, and this definition is heavily colored by the way the term is used in landlord tenant law as I understand it, means the other person possesses it temporarily and has permission to use it in a limited sense. "Ok, Mindy, you can borrow my ID and take it clubbing tonight, but no driving my car and I need the ID back the minute I ask for it."

I kind of think of "license" as being the midpoint of a continuum of permission/limitation with "lease" and "bailment" at either end, which isn't precise legal thinking at its best, but makes sense to me right now at 1:00a.m.

Aware that thing with the drivers license is a stupid example but too fried to think of a less stupid one.

At December 11, 2007 at 1:11:00 PM EST, Blogger fausto said...

If you can say all that even before taking the class, Mrs. Fausto is now wondering why you needed to go to law school.

Fausto encourages you to nurture your fascination with primarily real property, but he does so only for self-indulgent reasons.

At December 12, 2007 at 12:17:00 PM EST, Blogger Chalicechick said...

Don't get too excited, I have a lot of familiarity with bail bondsmen thanks to my brothers.

Final went OK. I'm a beast on Landlord tenant, and I'm pretty sure I saw some waste where very few of my classmates would have noticed it.

But my law and econ is kinda shaky, and felt shakier last night.

So, we will see. Unless I got a C, in which case I will never bring it up again.



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