Bailment: Difference between revisions
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{{a| | {{a|security|}}A special type of {{tag|security interest}}, most commonly articulated in the word of finance in the shape of a [[pledge]]. A [[bailee]] has possession of but no [[legal title]] to the chattel, but this operates as good practical {{tag|security}}, because the [[bailee]] can demand the [[bailor]] pay its bill before giving the item back. | ||
This is why your mechanic has that smug look when you roll up in the Disco for your MOT. | This is why your mechanic has that smug look when you roll up in the Disco for your MOT. | ||
Revision as of 17:11, 22 February 2021
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A word about credit risk mitigation
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A special type of security interest, most commonly articulated in the word of finance in the shape of a pledge. A bailee has possession of but no legal title to the chattel, but this operates as good practical security, because the bailee can demand the bailor pay its bill before giving the item back.
This is why your mechanic has that smug look when you roll up in the Disco for your MOT.
To be compared with a trust relationship, where the person holding the item has legal title to it, but not possession.
Cash and bitcoin
Can you have a bailment over cash? The Jolly Contrarian has heard it said — by persons of good repute — that one can, but he struggles with that idea. If I deliver you cash, even by way of surety, it is in the nature of cash that you take title to it absolutely. Any third person to whom you give it takes title to it absolutely without need to enquire as to competing interests. If cash didn’t have this quality, it would be less valuable as cash.
What of crypto assets? An emerging question. The more they look like an asset, the more you can bail it. The more it looks like cash, the harder that would be. The importance of code in determining who has it — as to which, see Code: Version 2.0 — makes it look, in practice, more like cash.