Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Bus Law
Bailments
| Question | Answer |
|---|---|
| Bailment | owner allows another party to use or possess the property temporarily. |
| Elements of a Bailment | 1. Personal Property 2. Delivery of possession(without title) 3. Agreement that property will be returned to the bailor, or disposed of according to owners discretion |
| Delivery of possession | the bailee must knowingly accept the personal property and inted to exercise control over it. The bailee must also be aware of the contents that they are in control of. You can't bail a car with a 100,00 necklace in the trunk without disclosing that. |
| Involuntary Bailments | finding someones lost or mislaid property. referred to as constructive or involuntary bailments. is responsible to take care and return the property. |
| Bailment agreements | Can be implied or express. Written agreement is not required for bailments of less than one year. |
| Three types of Ordinary Bailments | 1. bailments for the sole benefit of the bailor 2. for the sole benefit of the bailee 3. Mutual benefit Bailments. |
| Bailment for the sole benefit of the Bailor | gratuitous bailment, no consideration. the baily only owes a slight duty of care and will be liable only if grossly negligent. |
| Bailement for the sole benefit of the Bailee | lends an article to a person for convenience. the bailee owes a duty to exercise the utmost care and will be liable for even slight negligence. |
| Bailment for Mutual benefit | most common. involves some sort of compensation. Is contractual. bailment for hire. must exercise ordinary care, whic is care reasonably prudent. |
| Rights of the Bailee | 1. possession 2. rights to use property 3. right of compensation(except for gratuitous) 4. Right to limit liability |
| Bailee's lein | artisans lien. bailee is entitled to foreclose onthe lien if they do not receive compensation. |
| Duties of the Bailee | 1. Duty of reasonable care. 2. duty to return or dispose of property |
| Duties of the Bailor | 1. must reveal any known defects. 2. warranty liability for defective goods(must be fit for the inteded purpose of the bailment) |
| Special types of Bailments | 1. common carriers 2. warehouse companies 3. innkeepers |
| common carriers | publicly licensed to providetransportation services to the general public. Are held to Strict Liability rather than reasonable care in protecting bailed personal property. |
| Exceptions to strict liability for common carriers | 1. an act of God 2. act of public enemy 3. an order of public authority 4. an act of the shipper 5. inherent nature of the goods. UPS case |
| Warehouse companies | providing storage property for compensatipon. only liable for loss or damage to property resulting from negligence. must exercise reasonable care |
| InnKeepers | are normally help strictly liable for guests. can avoid strict liability by providing a safe in which to keep valuables. Each guest must be clearly notified though. |
| What was the issue in Hyat v Nashville? | Does the act of parking one’s car in a parking garage create a bailment? |
| What was the outcome? | Yes.The Court found that a bailment for hire was created in this case when the property was left in Appellant’s (Defendant) parking garage. A bailment is created when the owner of a chattel gives custody and control over the chattel to another to hold unt |
| The case was controversial because it made it easy most parking garages had never been found liable in a bailment situation |
Created by:
jsmeltz1