Bailment Quiz: Legal Case
Bailment Quiz – Sonia Bear
1. What is a sub-bailment?
When the bailee receives property from a bailor, the bailee then transfers possession to someone else, a sub-bailee (a person who receives a bailment of property from a bailee).
Summarize case 15.1 on page 324.
Mason, the bailor, contracted Thompson Funeral Home, the Bailee, to store of his parents’ urns. Mason provided instruction to Thompson to send the urns to Westside Cemetery for burial in common ground (one storage vault without a marker). Thompson sent the urns to Westside as instructed. 10 years later, Mason went to retrieve the urns and they could not be found. He sued Thompson and Westside (sub-bailee) in bailment. The bailment contract was formed with Thompson and …show more content…
Sometimes permission may be implied.
Bailment is a distinct relationship governed by its own rules; it places burden of showing that the bailee was not negligent.
Duty of care applies to circumstances not expressly or implied by the bailment contract. The contract (bailment) establish duty, level of care and liabilities of the bailee for goods in its possession. An exemption clause, term that bailee is not liable for damages of goods, may not protect the bailee by the courts if damaged caused for any reason beyond actual performance outlined in …show more content…
If the property is really valuable and easily damaged, the standard of Care required will be higher. Words of judge, “the substantial question must always be, whether that care has been exhibited with the special circumstances reasonably demand.”
Types of bailment & duties:
Non-contractual or Gratuitous Bailment: a bailment where one party provides no consideration, or where there is no intention to create a contractual agreement. Under the laws of torts, duty of care is applied to gratuitous bailments with no contract.
Bailments of value: contractual bailment. The standard of care falls between that of a gratuitous bailment for the benefit of the bailee and those for the benefit of the bailor. Basically, the bailee for value is expected to take the same care of goods and a prudent and diligent person; a standard that is at least as high or probably higher than he/she choose to apply to his/her own goods.
Special classes of bailee are subject to higher standards of care when dealing with the public such as carriers, hoteliers, or innkeepers.
Special
1. What is a sub-bailment?
When the bailee receives property from a bailor, the bailee then transfers possession to someone else, a sub-bailee (a person who receives a bailment of property from a bailee).
Summarize case 15.1 on page 324.
Mason, the bailor, contracted Thompson Funeral Home, the Bailee, to store of his parents’ urns. Mason provided instruction to Thompson to send the urns to Westside Cemetery for burial in common ground (one storage vault without a marker). Thompson sent the urns to Westside as instructed. 10 years later, Mason went to retrieve the urns and they could not be found. He sued Thompson and Westside (sub-bailee) in bailment. The bailment contract was formed with Thompson and …show more content…
Sometimes permission may be implied.
Bailment is a distinct relationship governed by its own rules; it places burden of showing that the bailee was not negligent.
Duty of care applies to circumstances not expressly or implied by the bailment contract. The contract (bailment) establish duty, level of care and liabilities of the bailee for goods in its possession. An exemption clause, term that bailee is not liable for damages of goods, may not protect the bailee by the courts if damaged caused for any reason beyond actual performance outlined in …show more content…
If the property is really valuable and easily damaged, the standard of Care required will be higher. Words of judge, “the substantial question must always be, whether that care has been exhibited with the special circumstances reasonably demand.”
Types of bailment & duties:
Non-contractual or Gratuitous Bailment: a bailment where one party provides no consideration, or where there is no intention to create a contractual agreement. Under the laws of torts, duty of care is applied to gratuitous bailments with no contract.
Bailments of value: contractual bailment. The standard of care falls between that of a gratuitous bailment for the benefit of the bailee and those for the benefit of the bailor. Basically, the bailee for value is expected to take the same care of goods and a prudent and diligent person; a standard that is at least as high or probably higher than he/she choose to apply to his/her own goods.
Special classes of bailee are subject to higher standards of care when dealing with the public such as carriers, hoteliers, or innkeepers.
Special