Bailments

Question 1

what happens when there is a bailment and the bailee returns damaged goods?

Answer 1

the burden is on the bailor to prove the bailee did not return the goods in the same condition - then the burden switches to the bailee to prove non-negligence

Question 2

what happens when there is a mutual benefit in bailments?

Answer 2

the bailor is strictly liable for the condition of the property.

Question 3

what happens when there is a gratuitous bailment?

Answer 3

the bailor is not liable for any damage his property causes unless it can be proven that the bailor had actual knowledge of the defect.

Question 4

what happens when a bailment is leased?

Answer 4

the leasor has a duty to provide the property back in a safe manner.

Question 5

what is voluntary bailment?

Answer 5

when a bailee is not entitled to charge storage fees or a lien in compensation

Question 6

what is involuntary bailment?

Answer 6

when a bailee may recover from owner what such service is reasonably worth

Question 7

What happens when there is a gratuitous bailment and the bailee doesn’t want to hold it any longer?

Answer 7

Then they must inform the bailor to receive fees

Question 8

What are the 2 requirements for someone to be a bailee?

Answer 8

1. actual possession

2. Intent to possess (full possession)

Question 9

What are the 3 duties (care and liability) of a bailee?

Answer 9

1. For the sole benefit of the bailee (gratuitous) - needs extraordinary care and there is liability even for slight damages
   (lawnmower borrowing example)
2. mutual benefit - needs ordinary car and there is liability for ordinary negligence
   (getting car fixed example)
3. For the sole benefit of the bailor (gratuitous) - needs slight car and there is only liability for negligence in gross
   (luggage example)

Question 10

What are the 2 duties of bailor?

Answer 10

1. gratuitous - actual knowledge (of a potential defect)

2. mutual - strict liability

Question 11

How can an involuntary bailment action be brought?

Answer 11

1. must be notice to the bailor first

2. if notified, generally have a right to compensation

Question 12

What is a bailee responsible for in involuntary bailments?

Answer 12

only liable for slight care

Question 13

What are a Bailee’s defenses (3) when based on contract breach?

Answer 13

1. the assumption of risk
2. contributory negligence
3. to show evidence of car

The first two will bar a bailor from remedy

Question 14

What are a Bailor’s defenses when there is specific damage of a claim?

Answer 14

must be able to show the condition of the property when first bailed.

Question 15

What is bailment and what are the parties called?

Answer 15

when a person (owner) gives temporary possession of a thing to someone else in a contractual relationship

bailor = true owner
bailee = person holding possession temporarily