bailment legla test

Question 1

first onus on the bailor to prove

Answer 1

1. existnace of bailmnet relationship - bailee volentarily takes goods belonging to bailor , DOC arises
2. loss or damage subject to bailment

Question 2

second onus on the bailee to prove

Answer 2

they didnt breach DOC
1. no fault on their part, they took reaosnabkle care
2. no caustaion between failure to take reaosnable care and resulting loss

Question 3

remedies for bailment

Answer 3

1. compensatory damages are available for breach of bailment
2. sueing in tandem with conversion and trespass if stocko applies

Question 4

conway

Answer 4

showroom secuirty was not good, bailee had a doc to protect agiant forseeable risks and that they didnt do

Question 5

skyway

Answer 5

m car parked at s where it was broken into, this was forseeable and s had not taken precaution to this

Question 6

southland hospital

Answer 6

p ring misisng after death, shb was a constrictive bailee of the ring and when she died became a sole respoisnibity of them and ought to know this and their exclusion clause was unclear