Insurance is a means of transferring or shifting risk from the individual or business to a group whose members agree to share losses on some equitable basis. An injury or death caused by such products may result in a lawsuit and substantial damages award to the injured user; or if the product has caused death, to his or her surviving family. Such awards may be in the millions of dollars and may cause extreme economic hardship to an individual manufacturer. The design, manufacture and marketing of a potentially dangerous product may pose a risk too great for a single business to assume.
Manufacturers can collectively share products liability losses. They can transfer the risk to a professional risk bearer, the insurer, through the purchase of an insurance contract.
An insurance contract is often called a policy. Contract of insurance must contain the essential elements of contract: offer and acceptance, consideration, legal purpose, competent parties and legal form
The offer is made by the prospective insured when he or she makes application for the desired coverage.
A contract made for an illegal purpose, or containing an illegal provision, is usually void and cannot be enforced by either party. Most insurance contracts are required by state law to be in writing; the policyholder also must be of sufficient age.
Property is any item that can be owned. There are two types of property — real and personal. Real property is land, buildings, and other structures permanently attached to land. A deed is a written document that represents ownership rights in real property.
Personal property is any item other than real property that can be owned. Goods and services are considered personal property.
Title is legal ownership of property and the right to use the property.
A deed is an official paper that shows who owns a piece of real estate property.
When a person buys a piece of real estate, he also gets the deed. Both the buyer and the seller must sign the deed in front of some witnesses.
The person who buys the land must have the deed recorded.
Although the legal term «bailment» is probably unfamiliar, it is likely that you have been involved in a bailment transaction recently. When you leave a pet with a neighbour, borrow a record or tape from a friend, leave articles of clothing at the dry cleaner’s, leave luggage at the bus depot or airport for shipping, leave an automobile in a garage for repairs — you are involved in a common bailment transaction. A bailment is a transaction in which one party delivers personal property to another party for some purpose; after the purpose of the bailment is complete the goods will be returned to the original party.
The owner of the goods who transfers temporary possession of goods or property is the bailor. The person to whom the goods are given and who is to have temporary custody of them is the bailee.
The distinguishing feature of a bailment is that goods are transferred temporary. In a bailment, after a certain period of time the transferred floods are returned either unchanged or after a certain services have been performed.
Thus, a bailment differes from a sale of goods: when goods are sold both ownership and possession are transferred to the buyer. In a bailment only possession is ever transferred, ownership never is transferred.
All bailments can be devided into two main types: gratuitous bailments, in which no money is paid or earned; and bailments for consideration, in which both parties benefit by an exchange of money for service or for goods.
A tort is a civil — noncriminal — injury to people, their property or their reputation. Compensation must be paid for that.
Tort law differs from both criminal and contract law. Criminal law is concerned with crimes against the state or society.
Tort law deals with compensating injured persons who are the victims of noncriminal wrongs.
Torts may be intentional or may occur through negligence. Intentional torts result from the deliberate actions of another person or firm. The other major group of torts is negligence. Negligence is the lack of reasonable care and caution. This type of tort is based on careless behavior that causes injury to another person.
Under agents law, businesses are held liable for the negligence of their employees or agents.
LAW OF AGENCY
The law of agency is important in the business world because most transactions are handled by agents. When you buy something in a store or wait on tables in a restaurant you participate in an agency relationship.
Agency describes a legal relationship in which two parties, the principal and the agent «agree that one will act as a representative of the other. The principal is the person who wishes to accomplish something and the agent is the person employed to act in the principal’s behalf to achieve it».
An agent must be loyal to the principal, act with reasonable care under community standards, follow reasonable constructions and make an appropriate accounting. In some cases, the principal may give power of attorney to the agent, which is a formal written authorization given by a principal to an agent.
Special agents are appointed for a limited purpose or specific task. Gratuitous agents agree to act without compensation. The universal agent is empowered with the broadest grant of authority to perform every act that the principal can lawfully delegate to an agent.
The principal has an obligation to the agents to compensate the agent according to the agreement; reimburse the agent for reasonable expenses, inform the agent of risks associated with the business.