Bailment: Understanding the Legal Relationship
What type of property can be the subject of a bailment?
A. Real property
B. Personal property
C. Persons
Answer:
B. Personal property
Understand why only personal property can be the subject of a bailment.
A bailment is a legal relationship between two parties, the bailor (who temporarily transfers possession of an item) and the bailee (who receives the item for a specific purpose). This relationship is based on trust and involves the transfer of possession, but not ownership, of personal property.
Now, let's break down the terms mentioned in the question:
- Personal property: This refers to tangible, movable items that a person owns, such as a car, jewelry, or electronics. It is distinct from real property and can be easily transferred between parties.
- Real property: This includes land, buildings, and anything permanently attached to the land, such as trees or mineral rights. Real property is immovable and not suitable for bailment due to its fixed nature.
- Persons: This refers to human beings, who cannot be the subject of a bailment, as individuals have rights and cannot be considered property or transferred as such.
In summary, a bailment can only involve personal property because it requires the temporary transfer of possession of a movable item from one party to another. Real property and persons are not suitable for bailment due to their immovable nature and individual rights, respectively.