breaking bulk

breaking bulk
The division or separation of the contents of a package or container. Lord Coke says, "if a bale or pack of merchandise be delivered to carry to one at a certain place, and he goeth away with the whole pack, this is no felony; but if he open the pack and take anything out aninio furandi, this is larceny." State v Fairclough, 29 Conn 47. The reasons given in the cases for this settled doctrine of the common law are not satisfactory nor in accord and Kelyng at page 83 of his reports observes, possibly with sly humor: "But I marvel at the case put, 13 Edw. IV, 9 (1473): That if a carrier have a tun of wine delivered to him to carry to such a place, and he never carry it, but sell it all, this is no felony, but if he draw part of it out above the value of twelvepence, this is felony. I do not see why the disposing of the whole should not be felony also." Such refinements in the offense of larceny disappear with the enactment or statutes which pro vide that conversion of the bailed property by the bailee is larceny. 32 Am J1st Larc § 32.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • Breaking bulk — Break bulk or breaking bulk may refer to:*Break bulk cargo, a shipping term for any loose material that must be loaded individually, and not in shipping containers nor in bulk as with oil or grain. *Breaking bulk (law), a legal term for taking… …   Wikipedia

  • Breaking bulk (law) — In law, the term breaking bulk means taking anything out of a package or parcel or in any way destroying its entirety. It was thus important in connection with the subject of bailment, involving as it did the curious distinction that where a… …   Wikipedia

  • breaking bulk — The practice of bulk buying products, commodities, etc. , and selling smaller quantities to users or consumers. This operation is often performed by a wholesaler although it may be done by a retailer …   Big dictionary of business and management

  • breaking bulk — /ˌbreɪkɪŋ bʌlk/ noun the practice of buying in bulk and then selling in small quantities to many customers …   Marketing dictionary in english

  • breaking bulk — The offense committed by a bailee (particularly a carrier) in opening or unpacking the chest, parcel, or case containing goods intrusted to his care, and removing the goods and converting them to his own use. See also breaking bail …   Black's law dictionary

  • breaking bulk — The offense committed by a bailee (particularly a carrier) in opening or unpacking the chest, parcel, or case containing goods intrusted to his care, and removing the goods and converting them to his own use. See also breaking bail …   Black's law dictionary

  • bulk — The main mass of the body; the largest or principal portion; the majority, as the bulk of a debt. When we speak of the bulk of anything, the other two words are an appositional genitive of the word bulk and mean the same thing. For example, the… …   Ballentine's law dictionary

  • breaking bail — Historically, crime committed by bailee who broke open a package (bale) though no crime was committed if he converted the whole package without breaking the bulk. See breaking bulk …   Black's law dictionary

  • breaking bail — Historically, crime committed by bailee who broke open a package (bale) though no crime was committed if he converted the whole package without breaking the bulk. See breaking bulk …   Black's law dictionary

  • bulk buying — The buying of products or commodities in sufficiently large quantities to take advantage of bulk discounts or other quantity discounts. See also breaking bulk …   Big dictionary of business and management

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