To set at liberty a person ted
or imprisoned, on written security taken for his appearance on a day, and at a
place named. The term is applied, as a noun, to the persons who become security
for the defendants appearance; to the act of delivering such defendant to his
bondsmen; and also to the bond given by the sureties to secure his release. A
person who becomes someone's bail is regarded as his jailer, to whose custody
he is committed. The word "bail" is never used with a plural
termination.
A person to whom personal
property (q.v.) is entrusted for a specific purpose See also Bailment.
A broad expression which
describes the agreement, undertaking, or relationship which is created by the
delivery of personal property by the owner, i.e.,the bailor, to someone who is
not an owner of it, i.e., the bailee, for a specific purpose, which includes
the return of the personal property to the person who delivered it, after the
purpose is otherwise accomplished. In a bailment, dominion and control over the
personal property usually pass to the bailee. The term is often used to
describe, e g &- (1) The gratis loaning g of an automobile for the
borrowers use. (2) The commercial leasing of an automobile for a fee. (3) The
delivery of an automobile to a repairman for the purpose of having it repaired.
(4) The delivery of an automobile to a parking attendant for storage, when the
keys are left with the attendant.
A person who commits goods to
another person (the bailee) in trust for a specific purpose.
Au unlawful touching, beating,
wounding or laying hold, however, trifling, of another's person or clothes
without his consent.
An agreement in which two
parties mutually promise to fulfill obligations reciprocally toward each other,
e.g., one party promises to convey a house and lot and the other party promises
to pay the agreed price for it.
A flexible term for the wrongful
failure to perform one or more of the promises which a person previously
undertook when he made a contract, e.g., failure to deliver goods.
The duty of proving facts
disputed on the trial of a case. It commonly lies on the person who asserts the
affirmative of an issue, and is sometimes said to shift when sufficient
evidence is furnished to raise a presumption that what is alleged is true. The
shifting of the burden of proof is better characterized as the creation of a
burden of going forward with the evidence; however, because the total burden of
proof is not thereby changed, the burden of going forward with the evidence is
apt to revert to the other party and change from time to time.
