Bailment Of Property

Question 0

Which is only ownership right I bailment transferred?

Answer 0

Bailment deals with the transfer of possession without the transfer of any other of the six ownership rights

The “bailor” delivers the property to the “bailee”

Question 1

A “bailment”

Answer 1

exists whenever personal property is out of one party’s possession, but is in another’s possession

Question 2

Allen v. Hyatt regency Nashville hotel

1984

Answer 2

Allen parked enclosed garage, got ticket, kept key,came back car gone. Was a Bailee relationship? Yes, bailment for hire.
Transfer of possession: intent to maintain control cuz couldn’t leave w/out paying ticket.
(Proof of nondelivery would be evidence that Bailee was negligent)

Question 3

Is stealing a bailment?.

Answer 3

Yes.

Knowledge or agreement is not necessary

Question 4

Naturally placed property?

Answer 4

Not a bailment. Not one person to another.

Question 5

Types of bailment

Answer 5

Bailment for hire
Gratuitous bailment
Constructive bailment

Question 6

Bailment for hire

Answer 6

Created by an agreement
Compensation paid to Bailee
Bailee Owes duty of GREAT CARE

Question 7

Gratuitous bailment

Answer 7

Created by agreement
Bailee is Not compensated
Bailee owes duty of REASONABLE CARE (s duty)

Question 8

Constructive bailment

Answer 8

Aka, involuntary bailment
Not created by agreement
Lost & found prop
When you found lost property you created a bailment
Bailee owes duty of SLIGHT CARE

Question 9

Duty of care traditionally

Answer 9

Rules apply when the property is damaged while I the possession of Bailee.
Helps with analysis but not the result.

Question 10

Modern duty of care (today)

Answer 10

Bailee must exercise reas care under all the circumstances including the type if bailment.

Question 11

What if lost or totally destroyed?

Answer 11

Duty of care rules do not apply.

Bailee is liable no matter what type of bailment it was. Outta luck.

Question 12

Conversion

Answer 12

Loss or destruction of the property

Question 13

What if Bailee doesn’t return it? It was stolen?

Answer 13

Bailee is liable. Has an absolute duty to return the property-conversion has occurred

Question 14

Charlie found Professor Clifford’s magic clicker on a table. He put it in his apartment where it was damaged in a fire, but he returned the charred remains of the clicker to Professor Clifford. Is Charlie l

Answer 14

Probably not.

Charlie only had constructive duty cuz he found it, slight obligation to protect clicker

Question 15

John has asked his friend Charlie to store his furniture for two months. When John returns to claim his furniture, Charlie tells him that there was a fire and much of it was damaged. Charlie gives John the damaged furniture. Is Charlie liable?

Answer 15

Maybe
-This is a gratuitous bailment, so the standard
of care on Charlie is lower
-If Charlie failed to act like a reasonable person, he will be liable

Question 16

John has paid Charlie to store his furniture for two months. When John returns to claim his furniture, Charlie tells him that there was a fire and much of it was damaged. Charlie gives John the damaged
furniture. Is Charlie liable?

Answer 16

Probably
-The bailment was for hire which imposes the
highest duty on Charlie to protect the furniture
-If there is any carelessness by Charlie that led to the fire, he will be responsible

Question 17

Lost property statutes

Answer 17

Lost property statutes usually
-Do not care how the owner lost possession
-Require the finder to turn the property over to the police
-With some exceptions, give the finder title to the property, not just possession of it, if the owner does not claim it
-Statutes must be read carefully — particularly the definitions!