contract of bailment

简明释义

委托契约

英英释义

A contract of bailment is a legal agreement in which the owner of a tangible personal property (the bailor) temporarily transfers possession of the property to another party (the bailee) for a specific purpose, with the understanding that the property will be returned to the bailor or disposed of according to the bailor's instructions once the purpose is fulfilled.

保管合同是一种法律协议,其中有形个人财产的所有者(保管人)暂时将财产的占有权转移给另一方(保管人),以特定目的进行使用,并理解在目的完成后,该财产将返回给保管人或根据保管人的指示处理。

例句

1.When you leave your car at a valet service, you are entering into a contract of bailment (保管合同) with the valet.

当你把车留给代客停车服务时,你与代客停车员签订了一个contract of bailment(保管合同)。

2.When you borrow a book from a library, you agree to a contract of bailment (保管合同) regarding the care of that book.

当你从图书馆借书时,你同意对这本书的保管责任,这就是一个contract of bailment(保管合同)。

3.A dry cleaner has a contract of bailment (保管合同) with customers when they drop off their clothes for cleaning.

顾客在干洗店送衣服清洗时,干洗店与顾客之间存在一个contract of bailment(保管合同)。

4.Leaving your pet at a boarding facility creates a contract of bailment (保管合同) between you and the facility.

把宠物留在寄养设施会在你和该设施之间形成一个contract of bailment(保管合同)。

5.If you store your belongings in a storage unit, you have a contract of bailment (保管合同) with the storage company.

如果你把个人物品存放在自存仓库,你与存储公司之间有一个contract of bailment(保管合同)。

作文

The concept of a contract of bailment is essential in the realm of property law, particularly when it comes to the temporary transfer of possession of personal property. In essence, a contract of bailment occurs when one party, known as the bailor, temporarily hands over their property to another party, known as the bailee, for a specific purpose. This arrangement is often seen in everyday situations, such as when you leave your car with a valet or when you take your clothes to a dry cleaner. The bailor retains ownership of the property, while the bailee assumes responsibility for its care during the period of bailment.Understanding the implications of a contract of bailment is crucial for both parties involved. The bailor has the right to expect that their property will be returned in its original condition, barring any normal wear and tear. On the other hand, the bailee is obligated to take reasonable care of the property and return it upon completion of the agreed-upon purpose. Failure to uphold these responsibilities can lead to legal consequences, including claims for damages or loss.There are different types of contracts of bailment, which can be categorized based on the benefit derived by each party. A mutual benefit bailment occurs when both the bailor and bailee stand to gain from the arrangement, such as in a rental situation. Conversely, a gratuitous bailment benefits only the bailor, as in the case of lending a friend your lawnmower without expecting anything in return. Lastly, a bailment for the sole benefit of the bailee arises when the bailee borrows the property for their own use, like borrowing a book from a friend.The terms of a contract of bailment can be explicit or implied. Explicit terms are clearly defined in a written agreement, while implied terms arise from the conduct of the parties and the nature of the transaction. For instance, if you leave your bicycle at a repair shop, it is implied that the mechanic will take care of it until the repairs are completed.In conclusion, a contract of bailment is a vital legal framework that governs the temporary possession of personal property. It establishes rights and responsibilities for both the bailor and the bailee, ensuring that property is handled with care and returned in good condition. As we navigate various transactions in our daily lives, understanding the principles of a contract of bailment can help us protect our interests and maintain trust in our relationships with others. Whether you are lending an item to a friend or utilizing a service that requires you to leave your belongings, being aware of the implications of this contract can lead to smoother interactions and fewer disputes.

“保管合同”的概念在财产法领域中至关重要,特别是在个人财产的临时转让方面。实质上,保管合同发生在一方,即保管人,暂时将其财产交给另一方,即受托人,以实现特定目的。这种安排常见于日常情况,例如当你把车交给代客泊车时,或者当你把衣物送到干洗店时。保管人保留对财产的所有权,而受托人在保管期间则承担对其照料的责任。理解保管合同的影响对于双方都至关重要。保管人有权期待其财产将在原状下返回,除非出现正常的磨损。而受托人则有义务合理照顾财产,并在完成约定的目的后归还。如果未能履行这些责任,可能会导致法律后果,包括索赔或损失。保管合同有不同类型,可以根据各方所获利益进行分类。互惠保管合同发生在保管人和受托人都从安排中获益的情况下,例如在租赁情境中。相反,单方受益的保管合同仅使保管人受益,如无偿借给朋友割草机的情况。最后,单方受托人保管合同则发生在受托人为自身使用借用财产时,例如向朋友借书。保管合同的条款可以是明确的也可以是隐含的。明确的条款在书面协议中明确定义,而隐含的条款则源于双方的行为和交易的性质。例如,如果你把自行车留在修理店,暗示着机械师将在修理完成之前照顾好它。总之,保管合同是一个重要的法律框架,管理个人财产的临时占有。它为保管人和受托人建立了权利和责任,确保财产得到妥善处理并以良好状态归还。当我们在日常生活中进行各种交易时,理解保管合同的原则可以帮助我们保护自己的利益,并维护与他人的信任关系。无论你是将物品借给朋友,还是利用需要你留下物品的服务,了解这一合同的含义都能带来更顺利的互动和更少的争议。

相关单词

bailment

bailment详解:怎么读、什么意思、用法