Personal Property

Question 1

To establish a bailment, P must prove that:

Answer 1

(1) goods were delivered to the bailee, and
(2) bailee accepted the goods.

Bailee must have physical control over the property and intent to exercise that control. [F22]

Question 2

The duty of care for bailment is…

Answer 2

gross negligence - if bailment is for the benefit of the bailor (gratuitous bailee)
ordinary care - if for mutual benefit
slight negligence - if for bailee’s benefit [F22]

Question 3

To be an effective disclaimer or limitation of liability, the bailor must…

Answer 3

(i) know of/should have known of, and (ii) assent to the contractual limitation.

E.g., not a claim ticket with fine text. [F22]

Question 4

A prima facie case against a bailee requires proving a bailment and either…

Answer 4

…(1) breach of the appropriate standard of care (2) strict liability for misdelivery of goods.

Also theories for conversion (deprivation of the entire value of chattels) and breach of contract. [J17]

Question 5

With lost and mislaid property…

Answer 5

…the true owner retains title to the property and has a superior claim to the property over a finder. [J17]

Question 6

How to avoid being sued over personal property?

Answer 6

file a complaint in CC requiring the claimants to interplead their claims.

Court may enter its order restraining all claimants from instituting or prosecuting any proceeding in any court of VA affecting the property involved in the interpleader action until further order of the court. [F18]

Question 7

To show conversion, P must show:

Answer 7

(1) that the property interest is subject to conversion law;
(2) that P has an ownership interest in the property; and
(3) that D has interfered with that ownership interest.

Generally, conversion only applies to tangible property, although Virginia courts have found that an action may lie for the unlawful conversion of certain intangible property rights that have been documented. [F19]

Question 8

Bailment for concealed object inside of another?

Answer 8

A bailee does not consent to a bailment for unknown objects inside of objects they have consented to a bailment of. [F20]

Question 9

Waivers based on language on a work order providing that “Customer also agrees that Bart’s Body Shop is not responsible for losses or damage to the vehicle while the vehicle is in Bart’s possession” are…

Answer 9

…disfavored and generally not enforceable in Virginia. [F20]