personal property Flashcards
A bailment is defined as
a person’s (the bailor’s) delivery of her goods to another person (the bailee) to hold for a period of time.
For a bailment to occur, the bailee must
(i) physically possess the property with the intent to exercise control over it,
(ii) consent to the bailment (mere custody of the property is insufficient), and
(iii) be aware that the article exists.
The duties of the bailee vary based on
the reason for the bailment.
When a bailor receives the sole benefit from the bailment, the bailee has
1) lesser duty to care for the property
2) and is liable only if he has been grossly negligent.
In a bailment for mutual benefit, the bailee must
take reasonable care of the bailed property.
If the bailed goods have been damaged due to the actions of the bailee, the bailor has the right to
bring a tort or contract action for breach of bailment.
A bailment requires that the bailee
physically possess the property with the intent to exercise control over it, consent to the bailment, and be aware that the property exists.
a company can can be a bailee through
its agents
A bailee may limit its liability as long as
the bailor knows or should know of the limitation and expressly consents to it.
Most courts hold that a claim check is
not a contract between the parties.
any limitation of liability placed on a claim check is not valid unless
it can be proven that the bailor knew or should have known of the limitation.
A bailment generally is
the transfer of possession from one person to another with a specific purpose.
In a bailment, the bailor
relinquishes possession to a bailee for that purpose.
Depending on the mutuality of benefit between the bailor and the bailee
the duty of care owed, and the standard for liability for damage to the bailor’s personal property will vary.
Where the bailment is solely for the benefit of the bailor
the bailee owes a duty of slight diligence, and will only be liable for damage to the property for gross negligence that results in loss/damage.
Where there is mutual benefit between the bailor and the bailee
the bailee owes an ordinary duty of care, and the bailee will be liable for negligent conduct.
Where the bailment is for the sole benefit of the bailee
the standard of care is one of extraordinary care, and the bailee will be liable for slight negligence
Most commercial bailment arrangements, where it’s a professional bailee are
presumptively construed as a mutually beneficial bailment
most courts hold that while a bailment for the sole benefit of the bailor, when the bailee is common carrier, innkeeper, or the like, the standard of care owed is one of
ordinary care
most courts view hospitals in similar light as
common carriers, and innkeepers with respect to personal property, and impose a higher duty of care.
With respect to bailments, complete waiver of liability are
against public policy and will be strictly construed by courts
professional bailee’s are not permitted to waive all liability for loss, unless
the waiver is expressed to the bailor, and the bailor consents to the waiver.
limitations on liability must be so apparent to the bailor that they either
notice the limitation or should have noticed it because of the size and placement of the limitation, so that no reasonable person wouldn’t have noticed it.
professional bailee, a higher standard of care applies when
the bailee exceeds the scope of the bailment as expressed in the terms of the bailment.