Personal Property MEE Rule Statements

Question 1

What are the elements of a bailment?

Answer 1

(1) transfer of possession of an item of personal property (2) for the accomplishment of a certain purpose. No bailment unless the bailee (receiver) obtains physical custody.

Question 2

Standard of Care: Bailment is for the sole benefit of the bailor (giver)

Answer 2

Liability requires gross negligence

Question 3

Standard of Care: Bailment is for the sole benefit of the bailee (recipient)

Answer 3

Liability requires just slight negligence

Question 4

Standard of Care: Bailment is for the mutual benefit of the parties

Answer 4

Ordinary care is required to avoid liability

Question 5

Burden of Proof & Prima Facie case of negligence in a bailment

Answer 5

(1) Bailor (giver) has the burden of persuasion that the bailee was negligent
(2) Prima Facie case is established by showing delivery of the goods and the bailee’s failure to redeliver the goods OR redelivery of damaged goods

Question 6

Professional bailee limitation on liability

Answer 6

A professional bailee may not exempt herself from liability. She may limit her liability if the bailor knows of the limitation and assents to it. claim checks / tickets are not usually sufficient

Question 7

Bona fide purchaser for value claim of title against true owner

Answer 7

A bona fide purchaser of stolen goods is not protected against the claim of a true owner