Funeral Arts National Board Practice Exam

What is the legal term for the transfer of possession of personal property without transferring title?

1. Lease

2. Bailment

3. Trust

4. Delegation

The correct answer is: Bailment

The correct answer is bailment, which refers to the legal relationship where possession of personal property is transferred from one party (the bailor) to another (the bailee) for a specific purpose, with the understanding that the property will be returned to the bailor or otherwise disposed of according to the bailor's directions. In this context, the key aspect of bailment is that while the possession of the property changes hands, the title or ownership remains with the original owner. This arrangement is commonly seen in situations such as when a person leaves their coat at a dry cleaner; the cleaner has possession of the coat but does not own it. Understanding this concept is crucial in the funeral industry as well, where items such as caskets, urns, or other personal belongings may be entrusted to a funeral provider during the course of services. Being clear about ownership and possession helps evade potential legal issues or misunderstandings regarding property rights. The other choices, while related to the handling of property in different contexts, do not accurately describe the transfer of possession without transferring title. A lease involves a rental agreement where possession is granted in exchange for payment and often includes specific terms of use. A trust refers to a fiduciary relationship where one party holds