Bailment Flashcards
mutual benefit (services)
dry cleaners
benefit of the bailee (favors)
lend someone your car
benefit of the bailor – gratutituos
please watch my stuff while i go to the restroom
constructive bailment –involunatry
people who hold onto your lost wallet
modern rule
Modern
Ordinary care-reasonable care under circumstances (still consider who benefits)
historical rule
Mutual benefit- ordinary care (negligence)
Bailee benefit- extraordinary care
Bailor benefit- slight care, liable for gross negligence (watching someone’s stuff in the airport)
Involuntary bailment- slight care (benefit of bailor)
duty to redeliver
Strict liability for mis-delivery or voluntary bailment, involuntary bailee liable for mis-delivery if negligent in delivery to wrong person